Citation Nr: 21015952
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 17-19 794
DATE: March 18, 2021

ORDER

Entitlement to an effective date prior to August 6, 2016 for the grant of service connection for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In May 2020, VA was notified that the Veteran passed away in April 2020, during the pendency of his appeal.

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; 38 C.F.R. § 20.104 (a).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from February 1970 to May 1972.

This matter comes before the Board of Veteran’s Appeals (Board) from a November 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran disagreed with that decision and perfected an appeal.  Unfortunately, during the pendency of his appeal the Veteran passed away in April 2020.

The Veteran’s surviving spouse submitted an application for substitution in May 2020; however, the RO has not yet addressed that request.

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 appellant and must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

Although the Veteran’s surviving spouse filed an application for substitution, the RO has not yet reviewed this request, and the Board does not have jurisdiction to make determinations regarding basic eligibility to substitute in the first instance.  38 U.S.C. § 7104; § 38 C.F.R. § 20.104(a).  If the RO grants the request to substitute, the appeal will be reactivated and the case will assume its original place on the Board’s docket.  38 C.F.R. §§ 20.1302(a), 20.902(a)(2).

Accordingly, the appeal must be dismissed as a matter of law. 

 

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.