Citation Nr: 21014012
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 17-40 082
DATE: March 11, 2021

ORDER

Entitlement to service connection for hydrocephalus s/p shunt placement is dismissed.

Entitlement to service connection for seizures is dismissed.

FINDING OF FACT

On January 28, 2021, the United States Department of Veterans Affairs (VA) received a Report of First Notice of Death that the Veteran died on January [REDACTED], 2021.  The Veteran’s date of death was confirmed through an inquiry with the United States Social Security Administration (SSA). 

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans’ Appeals (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 September 1964 to September 1968.  These matters come before the Board on appeal from a January 2017 rating decision issued by a VA Regional Office (RO).

On January 28, 2021, VA received a Report of First Notice of Death indicating that the Veteran died on January [REDACTED], 2021.  An inquiry with the SSA confirmed the Veteran’s date of death. 

Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, veterans’ 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.

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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 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 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 Veteran should file a request for substitution with the VA office from which the claim originated.  38 C.F.R. § 3.1010(b).

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Galante

The Board’s decision in this case is binding only with respect to the instant matter decided.  decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.