Citation Nr: 21022448 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 10-32 391 DATE: April 15, 2021 ORDER Entitlement to service connection for a cervical spine disorder (claimed as chronic torticollis/rheumatic right neck) is dismissed. Entitlement to service connection for a low back disorder is dismissed. Entitlement to service connection for carotid artery stenosis is dismissed. Entitlement to service connection for a heart disorder manifested by chest pain, to include coronary artery disease and atherosclerosis of the aorta, is dismissed. Entitlement to service connection for peripheral vascular disease is dismissed. FINDING OF FACT In February 2021 the Board of Veterans’ Appeal (Board) was notified that the appellant had died in January 2021. 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 in the United States Marine Corps from April 1975 to May 1987. The Veteran appeared before the undersigned at a hearing in May 2011 to present testimony on the issues on appeal. By way of history, in March 2014 the Board of Veterans’ Appeal (Board) remanded the appeal for additional development. In January 2015, the Board reopened the claim of service connection for a heart disorder manifested by chest pain, denied a claim of service connection for a pulmonary disability, and remanded the claims of service connection a heart disorder manifested by chest pain, a right knee disorder, a cervical spine disorder, a cervical spine disorder, a low back disorder, carotid artery stenosis, and peripheral vascular disease. Then, in November 2015, the Board denied service connection for a right knee disorder, a cervical spine disorder, a low back disorder, carotid artery stenosis, a heart disorder, and peripheral vascular disease. Thereafter, the Veteran appealed the November 2015 Board denial to the United States Court of Appeals for Veterans Claims (Court). In October 2017, the Court issued a decision wherein it vacated and remanded the Board’s November 2015 decision. In June 2018, in accordance with the Court’s decision the Board remanded the appeal. In an August 2020 decision, the Board denied the Veteran’s claim of service connection for a right knee disorder and again remanded the claims of service connection for a cervical spine disorder, a low back disorder, carotid artery stenosis, a heart disorder, and peripheral vascular disease. The Death Dismissal 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 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 ….” 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). NEIL T. WERNER Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. McDonald, 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.