Citation Nr: 21024416 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 17-02 190 DATE: April 22, 2021 ORDER Service connection for type II diabetes mellitus, hypertension, a low back disorder, and a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) are dismissed. FINDINGS OF FACT 1. The Veteran had active service from December 1971 to October 1985. 2. The Board was notified of his death in April 2021. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the claims at this time. 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.205, 20.1302 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board received notification that the Veteran died during the pendency of the appeal. As a matter of law, appellants’ claims do not survive their deaths. Accordingly, this appeal has become moot by virtue of the Veteran’s death and is 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 this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. Specifically, the Board’s dismissal does not affect the right of an eligible person to file a request to be substituted as the Veteran for purposes of processing the claims to completion. Such a request must be filed not later than one year after the date of the Veteran’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 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). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Grzeczkowicz 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.