Citation Nr: 21013413
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 18-22 308
DATE: March 9, 2021

ORDER

Entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to service connection for generalized anxiety disorder is dismissed. 

Entitlement to service connection for psychosis is dismissed.

Entitlement to a compensable rating for service-connected right ear hearing loss, is dismissed. 

Entitlement to a rating in excess of 10 percent disabling for service-connected hypertension is dismissed. 

FINDING OF FACT

The Veteran passed away in February 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans’ Appeals (Board) has no jurisdiction to adjudicate the merits of his 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 honorably on active duty from September 1988 to September 1992.  

This matter comes before the Board from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).  It was previously before the Board in June 2019 where the issues were remanded.  

The Board notes that the Veteran’s attorney attempted to withdraw as his representative in a December 2018 correspondence.  However, the Veteran’s attorney continued to be included in subsequent correspondence, including the Board’s previous remand in June 2019.  On September 17, 2020, the previous notice of withdrawal was again forwarded to VA.  The Veteran was notified of the withdrawal and allowed a period of time for response.  Thus, the Board now recognizes the Veteran as unrepresented in the present appeal. 

Unfortunately, however, the Veteran 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, 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.  See 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.  38 C.F.R. § 3.1010(b).

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Scarduzio, 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.