Citation Nr: 21022941
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 18-11 701
DATE: April 19, 2021

ORDER

Entitlement to service connection for degenerative disc disease of the lumbar spine (claimed as a back disability), to include as due to the service-connected bilateral knee patellofemoral pain syndrome is dismissed.

FINDING OF FACT

On March 24, 2021, the Board received notice that the Veteran died on March [REDACTED], 2021, during the course of the claim.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1978 to January 1998.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously remanded by the Board in April 2019.

Entitlement to service connection for degenerative disc disease of the lumbar spine (claimed as a back disability), to include as due to the service-connected bilateral knee patellofemoral pain syndrome is dismissed.

Unfortunately, the Veteran passed away during the pendency of the appeal. Specifically, in March 2021 VA received notice from the Social Security Administration (SSA) indicating that the Veteran had passed away on March 12, 2021.  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).  The 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 the 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 claims 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).

 

ANTHONY C. SCIRÉ, JR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Medina, 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.