Citation Nr: 21012815 Decision Date: 03/05/21 Archive Date: 03/05/21 DOCKET NO. 19-36 493 DATE: March 5, 2021 REMANDED Entitlement to an effective date prior to June 8, 2018 for the award of service connection for bilateral hearing loss is remanded. Entitlement to a compensable rating for bilateral hearing loss is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to service connection for bilateral vision loss is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for diabetes is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for high cholesterol is remanded. Entitlement to service connection for right hand carpal tunnel syndrome is remanded. Entitlement to service connection for left hand carpal tunnel syndrome is remanded. Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for erectile dysfunction is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for gout in all joints is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from June 1962 to June 1965. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2019 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. In his December 2019 substantive appeal, the Veteran indicated that he wanted to appear at a Board hearing. Although Board hearings were scheduled in January and February 2021, he did not appear. Information received at the time of the latter hearing suggested that he did not appear because he may have passed away. 1. Entitlement to an effective date prior to June 8, 2018 for the award of service connection for bilateral hearing loss is remanded. 2. Entitlement to a compensable rating for bilateral hearing loss is remanded. 3. Entitlement to service connection for tinnitus is remanded. 4. Entitlement to service connection for bilateral vision loss is remanded. 5. Entitlement to service connection for a right shoulder disability is remanded. 6. Entitlement to service connection for a left shoulder disability is remanded. 7. Entitlement to service connection for diabetes is remanded. 8. Entitlement to service connection for hypertension is remanded. 9. Entitlement to service connection for high cholesterol is remanded. 10. Entitlement to service connection for right hand carpal tunnel syndrome is remanded. 11. Entitlement to service connection for left hand carpal tunnel syndrome is remanded. 12. Entitlement to service connection for a low back disability is remanded. 13. Entitlement to service connection for erectile dysfunction is remanded. 14. Entitlement to service connection for a right knee disability is remanded. 15. Entitlement to service connection for a left knee disability is remanded. 16. Entitlement to service connection for gout in all joints is remanded. 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). If an appellant dies during the pendency of an appeal, the appeal on the merits becomes moot by virtue of the appellant’s death and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. The dismissal of an 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 claims to completion. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). In the present case, the Board has received information suggesting that the Veteran may be deceased. The record does not contain acceptable proof of the Veteran’s death, however. See 38 C.F.R. § 3.211. The claims file does not include a death certificate, for example, and the Board has thus far been unable to obtain confirmation of death through available Social Security Administration (SSA) databases. Absent official confirmation of death, the Board is unable to dismiss the present appeal at this time. Conversely, given that there is some indication that the Veteran may be deceased, the Board is also unable to confidently proceed with adjudication of the merits of the appeal. Additional development is warranted. These matters are REMANDED for the following action: 1. Contact any appropriate source(s) to determine whether the Veteran has died. The information obtained should be associated with the claims file. 2. After determining the Veteran’s status, proceed accordingly. 3. If it is determined that the Veteran is not, in fact, deceased, the case should be returned to the Board for further appellate review. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Oldroyd, 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.