Citation Nr: 21013124
Decision Date: 03/08/21	Archive Date: 03/08/21

DOCKET NO. 20-22 982
DATE: March 8, 2021

ORDER

Whether new and material evidence has been submitted to reopen the claim of service connection for diabetes mellitus is dismissed.

Entitlement to service connection for cardiomyopathy is dismissed.

Entitlement to a total disability evaluation based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In February 2021, the Board was notified that the Veteran died in February 2021.

CONCLUSION OF LAW

Due to 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

The Veteran served on active duty from August 1976 to January 1977, August 1980 to August 1982, January 1983 to June 1985, and August 1985 to March 1988.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from August 2018 and September 2018 ratings decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO).

1. Whether new and material evidence has been submitted to reopen the claim of service connection for diabetes mellitus is dismissed.

2. Entitlement to service connection for cardiomyopathy is dismissed.

3. Entitlement to a TDIU is dismissed.

Unfortunately, the Veteran died during the pendency of this 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 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.

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).

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Seserman

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.