Citation Nr: 21027776
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 20-23 123
DATE:   May 6, 2021

ORDER

Entitlement to service connection for renal insufficiency, also claimed as kidney disease, due to contaminated water exposure at Camp Lejeune is dismissed.

Entitlement to service connection for coronary artery disease with congestive heart failure as secondary to renal insufficiency is dismissed.

Entitlement to service connection for diabetes mellitus as secondary to renal insufficiency is dismissed.

Entitlement to service connection for corneal transplant as secondary to renal insufficiency is dismissed.

Entitlement to service connection for right leg amputation as secondary to renal insufficiency is dismissed.

FINDING OF FACT

In December 2020, the Board was notified that the Appellant died in November 2020, during the pendency of his appeal.

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

Unfortunately, the Appellant died in November 2020 during the pendency of the appeal. As a matter of law, Appellants' claims do not survive their deaths. See 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). The merits of this appeal have been rendered 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. See 38 C.F.R. § 20.1106.

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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 Veteran'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 also 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 (listed on the first page of this decision). See 38 C.F.R. § 3.1010(b), (c).

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Black, Associate 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.