Citation Nr: 21013711
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 16-60 465
DATE: March 10, 2021

ORDER

The appeal of a rating in excess of 20 percent for residuals of injury to median nerve at antecubital space, left upper extremity, is dismissed.

The appeal of a rating in excess of 20 percent for residuals of left ankle sprains is dismissed.

FINDING OF FACT

The Veteran served on active duty from June 1965 to June 1967. He died in November 2020.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claims on appeals. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

As a matter of law, appellants’ claims do not survive their deaths. 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 is 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 appellant. 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 Veteran’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 38 U.S.C. § 5121A. 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).

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Redman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.