Citation Nr: 21021551 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 18-37 569 DATE: April 13, 2021 ORDER The request to reopen the claim for entitlement to service connection for thoracolumbar strain is dismissed. The request to reopen the claim for entitlement to service connection for left hand condition is dismissed. The request to reopen the claim for entitlement to service connection for right ankle is dismissed. The request to reopen the claim for entitlement to service connection for left knee/leg pain is dismissed. The request to reopen the claim for entitlement to service connection for right knee/leg pain is dismissed. The request to reopen the claim for entitlement to service connection for a left shoulder condition is dismissed. The request to reopen the claim for entitlement to service connection for right shoulder condition is dismissed. Entitlement to service connection for cervical spine condition is dismissed. Entitlement to service connection for traumatic brain injury (TBI) is dismissed. FINDING OF FACT In March 2021 the Board was notified by communication from the Social Security Administration, that the appellant died in December 2020. CONCLUSION OF LAW Due to the death of the appellant, 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 June 2005 to February 2009 in the United States Army. 1. The request to reopen the claim for entitlement to service connection for thoracolumbar strain. 2. The request to reopen the claim for entitlement to service connection for left hand condition. 3. The request to reopen the claim for entitlement to service connection for right ankle. 4. The request to reopen the claim for entitlement to service connection for left knee/leg pain. 5. The request to reopen the claim for entitlement to service connection for right knee/leg pain. 6. The request to reopen the claim for entitlement to service connection for a left shoulder condition. 7. The request to reopen the claim for entitlement to service connection for right shoulder condition. 8. Entitlement to service connection for a cervical spine condition. 9. Entitlement to service connection for TBI. 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. 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 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). M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.S. McLeod 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.