Citation Nr: 21021064
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 20-20 775
DATE: April 9, 2021

ORDER

The appeal of the denial of service connection for liver cancer is dismissed.  

The appeal of the propriety of the reduction of disability rating for cirrhosis status post ascities, hepatic encephalopathy and splenomegaly is dismissed. 

The appeal of the propriety of the reduction of disability rating for hepatitis C. 

The appeal of the propriety of the discontinuation of SMC is dismissed. 

FINDING OF FACT

In March 2021, VA learned 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 the appeal regarding the denial of service connection for liver cancer; the reduction of the disability rating for cirrhosis status post ascities, hepatic encephalopathy and splenomegaly; the reduction of the disability rating for hepatitis C; or the discontinuation of SMC.  38 U.S.C. § 7104; 38 C.F.R. § 20.1302.  

REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the Veteran died during the pendency of the appeal.  The record reflects that the Veteran passed away in February 2021.  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.  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 regarding the denial of service connection for liver cancer; the reduction of the disability ratings for cirrhosis status post ascities, hepatic encephalopathy and splenomegaly and hepatitis C; or the discontinuation of SMC 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 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 claimant should file a request for substitution with the VA office from which the claim originated.  38 C.F.R. § 3.1010(b).

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Miller, 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.