Citation Nr: 21022596
Decision Date: 04/16/21	Archive Date: 04/16/21

DOCKET NO. 18-05 045
DATE:  April 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in the appeal, the Veteran died in March 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal at this time. 38 U.S.C. § 7104(a) (2018); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army on active duty from October 1968 to July 1970 and from July 1982 to December 1982. This appeal arises from a July 2015 rating decision issued by a Veterans Affairs (VA) Regional Office (RO) which denied entitlement to service connection for basal cell carcinoma. In May 2019, the Veteran appeared and provided testimony before a Veterans Law Judge (VLJ) who is no longer employed by the Board. 

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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (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. 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. Any request must be filed not later than one year after the date of the veteran’s death. Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008).

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Cryan, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.