Citation Nr: 21021521 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 19-18 170 DATE: April 13, 2021 ORDER The appeal of entitlement to service connection for prostatic hypertrophy, claimed as prostate problem as a result of exposure to herbicides, is dismissed. The appeal of entitlement to service connection for aortic aneurysm, claimed as an aneurism of the stomach, is dismissed. The appeal of entitlement to service connection for bone spur of the right foot, claimed as a bilateral foot condition, is dismissed. The appeal of entitlement to service connection for a left foot condition, claimed as a bilateral foot condition, is dismissed. The appeal of entitlement to service connection for right hip strain with degenerative joint disease, claimed as a right hip condition, is dismissed. The appeal of entitlement to service connection for left hip strain with degenerative joint disease, claimed as a left hip condition, is dismissed. The appeal of entitlement to service connection for erectile dysfunction, is dismissed. The appeal of entitlement to service connection for lumbar strain, claimed as lower back condition and degenerative disc disease with radiculopathy affecting bilateral lower extremities, is dismissed. The appeal of entitlement to an increased rating for hypertension, currently rated as 10 percent disabling, is dismissed. FINDINGS OF FACT 1. During the pendency of the appeal, the Appellant’s claims of entitlement to service connection for lumbar strain, right hip strain with degenerative joint disease, and left hip strain with degenerative joint disease were granted in a May 2019 rating decision. 2. In March 2021, the Board was notified that the Appellant died in February 2021. CONCLUSIONS OF LAW 1. As the Appellant was granted entitlement to service connection for lumbar strain, right hip strain with degenerative joint disease, and left hip strain with degenerative joint disease, there remains no allegation of error of fact or law for appellate consideration for these issues. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. § 20.104. 2. Due to the death of the Appellant, the Board has no jurisdiction at this time to adjudicate the merits of the claim of entitlement to an increase rating for hypertension, or the claims of entitlement to service connection for prostatic hypertrophy, aortic aneurysm, bone spur of the right foot, and a left foot condition. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran, who is also the Appellant, served on active duty from June 1971 to June 1974 and September 1974 to April 1975. Unfortunately, the Veteran passed away in February 2021. This appeal to the Board of Veterans’ Appeals (Board) arose from merged appeals of September 2007 and November 2013 rating decisions issued by the Department of Veterans Affairs (VA). See May 2008 Notice of Disagreement (NOD); February 2010 Statement of the Case (SOC); April 2010 Substantive Appeal (VA Form 9); March 2014 NOD; September 2015 Board decision; May 2019 SOC; May 2019 Rating decision; June 2019 VA Form 9; November 2019 Board decision. As an initial matter, the Board notes that during the pendency of the appeal, the Veteran was granted his claims of entitlement to service connection for lumbar strain, right hip strain with degenerative joint disease, and left hip strain with degenerative joint disease. May 2019 Rating decision. As this is considered a full grant of benefits for those issues, there remains no allegation of error of fact or law for appellate consideration and the appeals for the claims of entitlement to service connection for lumbar strain, right hip strain with degenerative joint disease, and left hip strain with degenerative joint disease are dismissed. As for the claim of entitlement to an increase rating for hypertension and the claims of entitlement to service connection for prostatic hypertrophy, aortic aneurysm, bone spur of the right foot, and a left foot condition, those claims are also dismissed. Unfortunately, the Appellant 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 those appeals 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 ….” 38 U.S.C. § 5121A; 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). R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Lin 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.