Citation Nr: 21023521
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 19-04 596
DATE: April 20, 2021

ORDER

The appeal as to the issue of entitlement to service connection for a left knee disorder is dismissed.

The appeal as to the issue of entitlement to service connection for a right knee disorder is dismissed.

The appeal as to the issue of entitlement to service connection for a bilateral foot disorder is dismissed.

The appeal as to the issue of entitlement to service connection for hypertension is dismissed.

The appeal as to the issue of entitlement to service connection for diabetes mellitus is dismissed.

The appeal as to the issue of entitlement to service connection for residuals of a stroke is dismissed.

The appeal as to the issue of entitlement to service connection for a right foot and leg disorder is dismissed.

The appeal as to the issue of entitlement to an increased rating for service-connected degenerative disc disease and degenerative joint disease of the thoracolumbar spine is dismissed.

The appeal as to the issue of entitlement to an increased initial rating for service-connected major depressive disorder prior to May 9, 2013 is dismissed.

The appeal as to the issue of entitlement to an increased rating for service-connected major depressive disorder from May 9, 2013 is dismissed.

The appeal as to the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities is dismissed.

The appeal as to the issue of entitlement to special monthly compensation is dismissed.

FINDING OF FACT

On February 1, 2021 the Board was notified that the appellant 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 from September 1973 to June 1975.  He died in January 2021.

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).

 

 

CAROLINE B. FLEMING

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Connor, Lindsey

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.