Citation Nr: 21014052
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 19-32 589
DATE: March 11, 2021

ORDER

The appeal as to the issue of service connection for a back disability is dismissed due to the Veteran’s death.

The appeal as to the issue of service connection for a vein/circulation disability is dismissed due to the Veteran’s death.

The appeal as to the issue of an initial rating in excess of 30 percent for coronary artery disease with myocardial infarction and coronary artery bypass graft is dismissed due to the Veteran’s death.

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) (2012); 38 C.F.R. § 20.1302 (2020).

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1968 to September 1969.

In March 2020, the issue of an initial rating in excess of 30 percent for coronary artery disease was remanded for additional development.  Thereafter, in a June 2020 rating decision, this issue was recharacterized as coronary artery disease with myocardial infarction and coronary artery bypass graft, and a 30 percent rating was continued for such disability.

Unfortunately, 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.  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 Veteran’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).

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. B. Yantz, Counsel

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.