Citation Nr: 21022678
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 18-54 975
DATE: April 19, 2021

ORDER

Entitlement to a compensable rating for right epididymal head cyst is dismissed.

Entitlement to a temporary rating of 100 percent for hospitalization over 21 days for service connected major depressive disorder currently rated at 70 percent is dismissed.

Entitlement to service connection for bilateral shin splints is dismissed.

Entitlement to an effective date prior to April 18, 2015 for the award of service connection for right epididymal head cyst is dismissed.

FINDINGS OF FACT

In March 2021, the Board was notified that the appellant died in March 2021. 

CONCLUSIONS 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 FINDINGS AND CONCLUSIONS

The Veteran served on active duty with the U.S. Marine Corps from December 1996 to December 2000. 

1. Entitlement to a compensable rating for right epididymal head cyst.

2. Entitlement to a temporary rating of 100 percent for hospitalization over 21 days for service connected major depressive disorder currently rated at 70 percent.

3. Entitlement to service connection for bilateral shin splints.

4. Entitlement to an effective date prior to April 18, 2015 for the award of service connection for right epididymal head cyst.

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 Veteran 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).

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Price, Associate 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.