Citation Nr: 21024344
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 18-13 127
DATE: April 22, 2021

ORDER

The appeal seeking entitlement to service connection for numbness of the left leg from the knee down as secondary to service-connected left knee disability is dismissed.

The appeal seeking entitlement to service connection for numbness to the right leg from the knee down as secondary to service-connected left knee disability is dismissed.

FINDING OF FACT

In March 2021, VA was notified that the Veteran died in March 2021.  

CONCLUSION OF LAW

Due to the death of the Veteran, 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 July 1979 to March 1985.

 

These matters come before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 rating decision.  

Service Connection

1. The appeal seeking entitlement to service connection for numbness of the left leg from the knee down as secondary to service-connected left knee disability

2. The appeal seeking entitlement to service connection for numbness to the right leg from the knee down as secondary to service-connected left knee disability

Unfortunately, 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 Appellant and must be dismissed for lack of jurisdiction. See 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 the appeals or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. Moreover, 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. See 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).

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Budd, 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.