Citation Nr: 21021318
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 18-46 175
DATE: April 12, 2021

ORDER

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for epilepsy is dismissed.

Entitlement to service connection for migraine headaches is dismissed.

The timeliness of the September 2018 VA Form 9 is dismissed.

FINDINGS OF FACT

The Department of Veterans Affairs was notified on March 22, 2021 that the Veteran died.

CONCLUSIONS OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeals at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service in the United States Army from May 1970 to November 1971. He was awarded the Vietnam Service Medal and Vietnam Campaign Medal with 60 Device, among other decorations, for this service. These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2016 and rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) and an October 2018 letter on the timeliness of the September 2018 VA Form 9.

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.

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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.

In this regard, 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. 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).

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Teague, 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.