Citation Nr: 21012652 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-66 920 DATE: March 4, 2021 ORDER The issue of entitlement to a rating in excess of 30 percent for painful scars associated with acne keloidalis nuchae and pseudofolliculitis barbae residuals is dismissed. The issue of entitlement to a rating in excess of 10 percent for residuals, painful laceration scar of the right groin is dismissed. The issue of entitlement to a compensable rating for scars, right groin and right-hand second, third, fourth fingers is dismissed. The issue of entitlement to a rating in excess of 10 percent cervical spine strain with degenerative disc disease is dismissed. The issue of entitlement to a rating in excess of 30 percent for radiculopathy, left upper extremity is dismissed. The issue of entitlement to a rating in excess of 20 percent for radiculopathy, right upper extremity is dismissed. FINDING OF FACT In February 2021, the VA received notice that the Veteran died in early 2021 while this appeal was pending. CONCLUSIONS OF LAW 1. The criteria for dismissal of a claim to establish a rating in excess of 30 percent for painful scars associated with acne keloidalis nuchae and pseudofolliculitis barbae residuals have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. The criteria for dismissal of a claim to establish a rating in excess of 10 percent for residuals, painful laceration scar of the right groin have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. The criteria for dismissal of a claim to establish a compensable rating for scars, right groin and right-hand second, third, fourth fingers have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. The criteria for dismissal of a claim to establish a rating in excess of 10 percent cervical spine strain with degenerative disc disease have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. The criteria for dismissal of a claim to establish a rating in excess of 30 percent for radiculopathy, left upper extremity have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 6. The criteria for dismissal of a claim to establish a rating in excess of 20 percent for radiculopathy, right upper extremity have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1980 to April 2001. The issues of entitlement to a rating in excess of 30 percent for painful scars associated with acne keloidalis nuchae and pseudofolliculitis barbae residuals, a rating in excess of 10 percent for residuals of a painful laceration scar of the right groin, entitlement to a compensable rating for scars, right groin and right-hand second, third, fourth fingers, a rating in excess of 10 percent for a cervical spine strain, a rating in excess of 30 percent for left upper extremity radiculopathy, and a rating in excess of 20 percent for right upper extremity radiculopathy are dismissed. The Veteran died during the pendency of the appeal in early 2021, prior to a Board decision on 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 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). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Wozniak, Associate 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.