Citation Nr: 21023997
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 17-05 085
DATE: April 21, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In March 2021, the Board of Veterans’ Appeals (Board) was notified that the appellant died in  2020.

CONCLUSION OF LAW

Due to the death of the appellant, the Board does not have jurisdiction to adjudicate the appeal. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran died in 2017 while his claim was pending. The appellant is the Veteran’s spouse, who was his substitute until her death in 2020.

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 due to 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.

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Hiaasen

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.