Citation Nr: 21012906 Decision Date: 03/05/21 Archive Date: 03/05/21 DOCKET NO. 20-04 422A DATE: March 5, 2021 ORDER Entitlement to service connection for a hernia is dismissed. Entitlement to service connection for GERD is dismissed. Entitlement to service connection for diabetes mellitus is dismissed. Entitlement to service connection for coronary artery disease is dismissed. Entitlement to service connection for a neck disability is dismissed. Entitlement to service connection for hypertension is dismissed. Entitlement to service connection for hemorrhoids is dismissed. Entitlement to service connection for renal failure is dismissed. Entitlement to service connection for colitis is dismissed. Entitlement to service connection for a bilateral shoulder disability is dismissed. FINDING OF FACT The Veteran died on February [REDACTED], 2021. CONCLUSION OF LAW Because of 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 FINDING AND CONCLUSION Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, claims do not survive a claimant’s death. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996). 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. See 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; see 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 (listed on the first page of this decision). 38 C.F.R. § 3.1010(b). JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Hemphill 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.