Citation Nr: 21021001 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 18-46 224 DATE: April 9, 2021 ORDER The appeal is dismissed. FINDING OF FACT In February 2021, the Board of Veterans’ Appeals (Board) was notified that the Veteran died earlier in the month, which was confirmed by his obituary. 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); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1990 to July 1994, and September 2001 to June 2002. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions issued in March 2014, March 2017, and September 2018 by a Department of Veterans Affairs (VA) Regional Office (RO). While the Veteran initially requested a Board hearing in connection with his appeal, he later withdrew such request in December 2020. 1. Entitlement to service connection for a headache disorder. 2. Entitlement to service connection for a neck disorder. 3. Entitlement to an initial compensable rating for traumatic brain injury with small T2/flair with hyperintensities on brain MRI. 4. Entitlement to a rating in excess of 10 percent for right knee traumatic arthritis with chondromalacia and patellofemoral pain syndrome, status post arthroscopic repair (instability). 5. Entitlement to a rating in excess of 10 percent for right knee traumatic arthritis with chondromalacia and patellofemoral pain syndrome, status post arthroscopic repair (limitation of flexion). 6. Propriety of the assignment of the separate rating for right knee residual scar, evaluated as noncompensable disabling as of February 27, 2013. 7. Propriety of the assignment of the separate rating for right knee meniscal tear, evaluated as 10 percent disabling as of April 17, 2019. 8. Entitlement to an initial rating in excess of 10 percent for left knee traumatic arthritis with chondromalacia and patellofemoral pain syndrome. 9. Propriety of the assignment of the separate rating for left knee meniscal tear, evaluated as 10 percent disabling as of April 17, 2019. 10. Entitlement to an initial rating in excess of 10 percent for degenerative joint disease and degenerative disc disease of the lumbosacral spine with lumbar strain. 11. Entitlement to an initial rating in excess of 10 percent for right hip trochanteric bursitis. 12. Propriety of the assignment of the separate rating for right hip trochanteric bursitis (impairment of thigh), evaluated as noncompensable disabling as of April 17, 2019. 13. Propriety of the assignment of the separate rating for right hip trochanteric bursitis (limitation of flexion), evaluated as noncompensable disabling as of April 17, 2019. 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 appellant 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 appellant’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 ….” Id.; 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 RO. 38 C.F.R. § 3.1010(b). A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Clark, 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.