Citation Nr: 21014419 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 17-53 819 DATE: March 12, 2021 ORDER Entitlement to an effective date prior to January 26, 2012, for service connection of Hepatitis C is dismissed. Entitlement to an increased evaluation higher than 10 percent for Hepatitis C is dismissed. The application to reopen the claim for service connection for posttraumatic stress disorder (PTSD) is dismissed. The application to reopen the claim for service connection for a right knee condition is dismissed. The application to reopen the claim for service connection for tuberculosis is dismissed. The application to reopen the claim for service connection for a cervical spine disability is dismissed. Entitlement to service connection for a thoracolumbar spine disability is dismissed. Entitlement to service connection for diabetes is dismissed. Entitlement to a total disability rating based upon individual unemployability (TDIU) is dismissed. FINDINGS OF FACT In February 2021 the Board received notification that the Veteran died in February 2021. CONCLUSIONS OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these claims at this time. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from June 1973 to June 1975. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an effective date prior to January 26, 2012, for service connection of Hepatitis C is dismissed. 2. Entitlement to an increased evaluation higher than 10 percent for Hepatitis C is dismissed. 3. The application to reopen the claim for service connection for PTSD is dismissed. 4. The application to reopen the claim for service connection for a right knee condition is dismissed. 5. The application to reopen the claim for service connection for tuberculosis is dismissed. 6. The application to reopen the claim for service connection for a cervical spine disability is dismissed. 7. Entitlement to service connection for a thoracolumbar spine disability is dismissed. 8. Entitlement to service connection for diabetes is dismissed. 9. Entitlement to a TDIU is dismissed. 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. 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 Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008) (creating new 38 U.S.C. § 5121A, substitution in case of death of a claimant who dies on or after October 10, 2008). As provided for in this new provision, a person eligible for substitution will include “a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ….” The Secretary will be issuing regulations governing the rules and procedures for substitution upon death. Until such regulations are issued, 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 Regional Office (RO) from which the claim originated (listed on the first page of this decision). The appeal is dismissed. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Skiouris, 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. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Skiouris, 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.