Citation Nr: 21027437
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 15-08 038
DATE: May 5, 2021

ORDER

The appeal as to the claim of entitlement to service connection for hypertension is dismissed.

The appeal as to the claim of entitlement to service connection for a gastrointestinal disorder, to include irritable bowel syndrome, is dismissed.

The appeal as to the claim of entitlement to service connection for bipolar disorder is dismissed.

The appeal as to the claim of entitlement to an evaluation in excess of 10 percent for service-connected residuals of a fracture and dislocation of the right middle finger is dismissed. 

FINDING OF FACT

Before the Board promulgated a decision in this appeal, the Veteran passed away in January 2021.  

CONCLUSIONS OF LAW

1.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for hypertension.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2020). 

2.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for gastrointestinal disorder, to include irritable bowel syndrome.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2020).

3.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to service connection for bipolar disorder.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2020).

4.  Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal with respect to the claim of entitlement to an evaluation in excess of 10 percent for service-connected residuals of a fracture and dislocation of the right middle finger.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2020). 

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service in the United States Army from July 1974 to July 1977.  His service was under honorable conditions. 

In April 2018, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is of record. 

Dismissal due to Death 

1.  Entitlement to service connection for hypertension.

See argument Below at 4

2.  Entitlement to service connection for a gastrointestinal disorder, to include irritable bowel syndrome.

See argument Below at 4

3.  Entitlement to service connection for bipolar disorder.

See argument Below at 4

4.  Entitlement to an evaluation in excess of 10 percent for service-connected residuals of a fracture and dislocation of the right middle finger.

Unfortunately, the Veteran passed away 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 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.

(Continued on the next page)

 

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 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.  38 C.F.R. § 3.1010(b).

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sara Schinnerer, 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.