Citation Nr: 21012660 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 20-00 142A DATE: March 4, 2021 ORDER Entitlement to specially adapted housing is dismissed. Entitlement to a special home adaptation grant is dismissed. FINDINGS OF FACT On February 22, 2021, VA was notified that the Veteran had died in February 2021. CONCLUSIONS OF LAW The Board has no jurisdiction to adjudicate the merits of the claims of entitlement to specially adapted housing and to a special home adaptation grant at this time. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran has various dates of active duty service from October 1970 June 1980, February 1997 until July 1997, June 1998 until September 1998, June 2003 until June 2006, March 2007 until September 2008, October 2008 until March 2009, and March 2010 until March 2011. These matters come to the Board of Veterans’ Affairs (Board) on appeal from a June 2017 Department of Veterans’ Affairs (VA) regional office (RO) rating decision. The Veteran timely appealed this legacy rating decision and requested an optional Board hearing at his local VA office. However, before his hearing and the subsequent promulgation of a decision, the Veteran passed away in February 2021. 1. Entitlement to specially adapted housing 2. Entitlement to a special home adaptation grant Unfortunately, the appellant 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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (1994). This appeal has become moot by virtue of the Veteran’s death 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 any claim on 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. Any request must be filed not later than one year after the date of the appellant’s death. 38 U.S.C. § 5121; 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 38 U.S.C. § 5121(a); 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a). 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 Veteran for purposes of processing the claims to completion. Such request must be filed no later than one year after the date of the Veteran’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). LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Finelli, 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.