Citation Nr: 21025028
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 16-35 577
DATE: April 27, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On February 20, 2020, the Board was notified that the appellant died in August 2019.

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

The Veteran had active service from August 1982 to November 1983. These matters come to the Board of Veterans Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

 

1. Service connection for bilateral hearing loss.

2. Service connection for asthma.

3. Service connection for depression with anxiety. 

4. Service connection for bilateral carpal tunnel syndrome.

5. Service connection for fibromyalgia. 

6. Service connection for gout.

7. Service connection for disability claimed as memory issues.

8. Service connection for diabetes mellitus type II. 

9. Service connection for heart failure.

10. Service connection for sleep apnea.

11. Service connection for systemic lupus and lupus nephritis.

Unfortunately, the appellant 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 concerning claims for service connection for bilateral hearing loss, asthma, depression with anxiety, bilateral carpal tunnel syndrome, fibromyalgia, gout, memory issues, type II diabetes mellitus, heart failure, sleep apnea, and systemic lupus with lupus nephritis 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.  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; see 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).

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Van Wambeke, 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.