Citation Nr: 21012237 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 17-66 390 DATE: March 3, 2021 ORDER The appeal as to the issue of service connection for pancreatitis is dismissed. The appeal as to the issue of service connection for peripheral neuropathy of the upper and lower extremities is dismissed. The appeal as to the issue of an effective date prior to February 6, 2018 for the grant of service connection for right upper extremity scarring is dismissed. The appeal as to the issue of an effective date prior to February 6, 2018 for the grant of an increased 70 percent disability rating for posttraumatic stress disorder (PTSD) is dismissed. The appeal as to the issue of an increased disability rating in excess of 70 percent for PTSD is dismissed. The appeal as to the issue of entitlement to restoration of a 100 percent total disability rating for B cell lymphoma, to include the question of propriety of a reduction in the disability rating to noncompensable (0 percent) effective March 1, 2017, is dismissed. The appeal as to the issue of an increased (compensable) disability rating for B cell lymphoma is dismissed. The appeal as to the issue of an increased disability rating in excess of 20 percent for diabetes melitis, type II, is dismissed. The appeal as to the issue of a higher initial (compensable) disability rating for right upper extremity scarring is dismissed. The appeal as to the issue of a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) is dismissed. FINDINGS OF FACT 1. The Veteran in this case served on active duty from May 1970 to November 1971. 2. On February 24, 2021, the Board of Veterans’ Appeals (Board) was notified by the Social Security Administration (SSA) that the Veteran died in January 2021. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran, who was the appellant, had active service from May 1970 to November 1971. This matter came before the Board on appeal from multiple Department of Veterans Affairs (VA) Regional Office (RO) rating decisions. Unfortunately, the Veteran died during the pendency of the appeal. On February 24, 2021, the Board was notified by SSA that the Veteran died in January 2021. As a matter of law, appellants’ claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. The Board’s dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the appellant’s death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). A person eligible for substitution includes “a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ….” 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a). An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010(b). J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Blowers, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.