Citation Nr: 21025880
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 18-39 524
DATE: April 29, 2021

ORDER

Entitlement to an earlier effective date prior to October 31, 2003, for service connection for a back disability is dismissed.

FINDING OF FACT

Before the Board promulgated a decision in this appeal, the Veteran died in April 2021.

CONCLUSION OF LAW

Because of 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; Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, 212, 122 Stat. 4145, 4151 (2008).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from August 1981 to August 1989.  The Veteran passed away in April 2021. 

1. Entitlement to an earlier effective date prior to October 31, 2003, for service connection for a back disability 

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, Veteran’s claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (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. 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. Any request must be filed not later than one year after the date of the Veteran’s death. Veterans’ Benefits Improvement Act of 2008, Pub. L. No. 110-389, 212, 122 Stat. 4145, 4151 (2008).

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. § 5121(a). 38 U.S.C. § 5121A. Any 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 RO from which the claim originated.

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Ziheng Zhu, 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.