Citation Nr: 21024015 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 20-20 487 DATE: April 21, 2021 ORDER 1. Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed. 2. Entitlement to an earlier effective date prior to April 16, 2013 for PTSD is dismissed. 3. Entitlement to service connection for peripheral neuropathy bilateral upper extremities is dismissed. 4. Entitlement to service connection for bilateral hearing loss is dismissed. 5. Entitlement to service connection for diabetes mellitus is dismissed. 6. Entitlement to service connection for gastroesophageal reflux disease (GERD) is dismissed. 7. Entitlement to service connection for hypertension is dismissed. 8. Entitlement to service connection for ischemic heart condition is dismissed. 9. Entitlement to service connection for peripheral neuropathy bilateral lower extremities is dismissed. 10. Entitlement to service connection for sleep apnea is dismissed. 11. Entitlement to service connection for a stomach condition is dismissed. 12. Entitlement to service connection for erectile dysfunction is dismissed. 13. Entitlement to service connection for glenohumeral joint osteoarthritis of the left shoulder is dismissed. FINDING OF FACT The Veteran died in March 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 Unfortunately, the appellant died during the pendency of the appeal. The Board notes, that the record is unclear regarding whether the Veteran unequivocally withdrew the issues of entitlement to service connection for peripheral neuropathy bilateral upper extremities, peripheral neuropathy bilateral lower extremities, bilateral hearing loss, sleep apnea, stomach condition, glenohumeral joint osteoarthritis of the left shoulder, and diabetes mellitus. In this regard, in the April 2020 VA Form 9, the Veteran stated that he wished to appeal all issues listed in the March 2020 statement of the case. The Veteran also stated in the VA Form 9 that he only wished to appeal the issues of entitlement to an increased rating for PTSD, entitlement to an earlier effective date for PTSD, entitlement to service connection for GERD, entitlement to service connection for hypertension, entitlement to service connection for a heart condition, and entitlement to service connection for erectile dysfunction. While the Agency of Original Jurisdiction considered such issues advanced withdrawn by the Veteran, the Board notes that such withdrawal did not meet the requirements of 38 C.F.R. § 20.205. Accordingly, such issues have remained on appeal and are included in the title page to this decision. In any event, 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). John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Holcombe, 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.