Citation Nr: 21012489 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-06 284 DATE: March 4, 2021 ISSUES 1. Entitlement to service connection for bilateral hearing loss disability. 2. Entitlement to service connection for tinnitus. 3. Entitlement to a disability evaluation greater than 10 percent for coronary artery disease prior to June 13, 2011 4. Entitlement to a disability evaluation greater than 30 percent for coronary artery disease from June 13, 2011 to June 5, 2019. 5. Entitlement to a disability evaluation greater than 60 percent for coronary artery disease effective June 5, 2019. ORDER The appeal on the issue of entitlement to service connection for bilateral hearing loss disability is dismissed. The appeal on the issue of entitlement to service connection for tinnitus is dismissed. The appeal on the issue of entitlement to a disability evaluation greater than 10 percent for coronary artery disease prior to June 13, 2011 is dismissed. The appeal on the issue of entitlement to a disability evaluation greater than 30 percent for coronary artery disease from June 13, 2011 to June 5, 2019 is dismissed. The appeal on the issue of entitlement to a disability evaluation greater than 60 percent for coronary artery disease effective June 5, 2019 is dismissed. FINDING OF FACT On February 19, 2021, the Board was notified that the Veteran died in February 2021. CONCLUSION OF LAW Due to the death of the appellant, 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, 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1968 to January 1970. This matter is before the Board of Veterans Appeals (Board) on appeal from an October 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board observes that this appeal derives from a distinct appeals stream, as evidenced by the July 2020 Supplemental Statement of the Case (SSOC). Duties to Notify and Assist The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on VA to provide claimants with notice and assistance. 38 U.S.C. §§ 5102, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a) (2018). In the instant case, unfortunately, the Veteran died during the pendency of the appeal. 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 appellant and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. The Board is mindful of the Veteran’s honorable service and expresses sincere condolences to his family. 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. (Continued on the next page.) 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). Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Bodi, 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.