Citation Nr: 21023668 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 19-31 215 DATE: April 21, 2021 ORDER The appeal as to whether new and material evidence has been received to reopen the claim for service connection for major depressive disorder is dismissed. The appeal as to whether new and material evidence has been received to reopen the claim for service connection for posttraumatic stress disorder (PTSD) is dismissed. The appeal as to whether new and material evidence has been received to reopen the claim for service connection for bilateral shin splints is dismissed. The appeal as to whether new and material evidence has been received to reopen the claim for service connection for L4-5, L5-S1 degenerative disc disease with spinal stenosis is dismissed. The appeal as to whether new and material evidence has been received to reopen the claim for service connection for asthma is dismissed. The appeal as to whether new and material evidence has been received to reopen the claim for service connection for type II diabetes mellitus (DMII) is dismissed. FINDING OF FACT Before the promulgation of this appeal, on April 8, 2021, the Board was notified that the Veteran died in March 2021. CONCLUSION OF LAW Due to the death of the Veteran in March 2021, 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 honorably served on active duty in the United States Army from July 1978 to November 1978 and from November 1990 to June 1991. The Veteran was awarded, among other decorations, the National Defense Service Medal. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a July 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Whether new and material evidence has been received to reopen the claim for service connection for major depressive disorder. 2. Whether new and material evidence has been received to reopen the claim for service connection for PTSD. 3. Whether new and material evidence has been received to reopen the claim for service connection for bilateral shin splints. 4. Whether new and material evidence has been received to reopen the claim for service connection for L4-5, L5-S1 degenerative disc disease with spinal stenosis. 5. Whether new and material evidence has been received to reopen the claim for service connection for asthma. 6. Whether new and material evidence has been received to reopen the claim for service connection for DMII. Unfortunately, in March 2021, the Veteran 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. 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). (Continued on next page) For the reasons provided above, however, the Veteran’s appeal must be dismissed at this time. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Crawford, 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.