Citation Nr: 21023829 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 19-03 452A DATE: April 21, 2021 ORDER The appeal for compensation under 38 U.S.C. § 1151 for balance impairment is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for eyesight damage is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for fatigue is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for a left-hand condition is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for muscle weakness is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for nerve damage is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for a right-hand condition is dismissed. The appeal for compensation under 38 U.S.C. § 1151 for a staph infection is dismissed. The appeal for entitlement to service connection for hearing loss is dismissed. FINDING OF FACT In April 2021, the VA received notice that the Veteran died in early 2021 while this appeal was pending. CONCLUSIONS OF LAW 1. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for balance impairment have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for eyesight damage have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for fatigue have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for a left-hand condition have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for muscle weakness have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 6. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for nerve damage have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 7. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for a right-hand condition have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 8. The criteria for dismissal of a claim to establish entitlement for compensation under 38 U.S.C. § 1151 for a staph infection have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 9. The criteria for dismissal of a claim for entitlement to service connection for hearing loss have been met. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 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 from February 1957 to April 1960. The issues of entitlement to compensation under 38 U.S.C. § 1151 for balance impairment, eyesight damage, fatigue, a left-hand condition, muscle weakness, a right-hand condition, a staph infection, and the issue of entitlement to service connection for hearing loss are dismissed. The Veteran died during the pendency of the appeal in early 2021, prior to a Board decision on the appeal. 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). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Wozniak, Associate Counsel The Board’s decision in this case is binding only with respect to this matter. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.