Citation Nr: 21025504
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 19-30 822
DATE: April 28, 2021

ORDER

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for erectile dysfunction (ED) is dismissed.

Entitlement to service connection for diabetes mellitus is dismissed.

Entitlement to service connection for right upper extremity peripheral neuropathy is dismissed.

Entitlement to service connection for left upper extremity peripheral neuropathy is dismissed.

FINDING OF FACT

The Veteran died in March 2021 prior to the issuance of the final Board decision. 

CONCLUSION OF LAW

The criteria for dismissal of entitlement to service connection for hypertension, ED, diabetes, and neuropathy of the bilateral upper extremities have been met.  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 in the United States Air Force from November 1948 to September 1952.  This matter comes before the Board from an August 2018 rating decision. 

In April 2021, which was during the pendency of the appeal, VA was advised that the Veteran had died in March 2019. 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 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).

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MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Rekowski

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.