Citation Nr: 21026725
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 15-23 397A
DATE: May 3, 2021

ORDER

The appeal as to Dependency and Indemnity Compensation benefits under 38 U.S.C. § 1318 is dismissed.

The appeal as to service connection for the cause of death is dismissed.

The appeal as to nonservice connected death pension benefits is dismissed.

FINDINGS OF FACT

1.  The Veteran served on active duty from June 1962 to October 1969.  He died in January 2012, and the appellant was his surviving spouse. 

2.  On February 20, 2018, the Board was notified that the appellant died in May 2017.

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) (2012); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

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).  The appeal on the merits has become moot by virtue of the death of the appellant and is dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

To that end, 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 appellant. 38 C.F.R. § 20.1106. Specifically, 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.  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	K. M. Schaefer, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.