Citation Nr: 21024758
Decision Date: 04/26/21	Archive Date: 04/26/21

DOCKET NO. 17-63 521
DATE: April 26, 2021

ORDER

Entitlement to an initial rating in excess of 30 percent for a skin disability is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In April 2021, prior to promulgation of a decision in the appeal, the Board received notification that the Veteran died in March 2021.

CONCLUSIONS OF LAW

1. The criteria for dismissal of entitlement to an initial rating in excess of 30 percent for a skin disability have been met.  38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

2. The criteria for dismissal of entitlement to a TDIU have been met.  38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from June 1981 to June 1985.  

These matters are before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2019, the Veteran testified at a Board videoconference hearing before the undersigned.

The Board remanded the case in December 2019.

1. Entitlement to an initial rating in excess of 30 percent for a skin disability.

2. Entitlement to TDIU.

Unfortunately, the Veteran died in March 2021 during the pendency of the appeal.  See April 2021 Death Notice.

As a matter of law, veterans’ claims generally do not survive their deaths and the appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Landicho v. Brown, 7 Vet. App. 42, 53-54 (1994).

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.

An appeal pending before the Board of Veterans’ Appeals when the appellant dies will be dismissed without prejudice pursuant to 38 C.F.R. § 20.1302.

The Board’s dismissal of this appeal does not affect the right of an eligible person 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 Veteran’s death.  See 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 (listed on the first page of this decision).  38 C.F.R. § 3.1010(b).

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Bredehorst, 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.