Citation Nr: 21029061
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 20-19 661
DATE: May 12, 2021

ORDER

Service connection for erectile dysfunction is dismissed.

Service connection for migraines is dismissed.

Service connection for an acquired psychiatric disorder, to include a mood disorder, major depressive disorder, bipolar disorder, posttraumatic stress disorder (PTSD), is dismissed.

FINDING OF FACT

On April 21, 2021, the Board was notified by the Department of Veterans Affairs (VA) Regional Office (RO), that the appellant died in April 2021.

CONCLUSIONS OF LAW

1. The criteria for dismissal of service connection for erectile dysfunction have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for dismissal of service connection for migraines have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for dismissal of service connection for an acquired psychiatric disability, to include a mood disorder, major depressive disorder, bipolar disorder, posttraumatic stress disorder (PTSD), have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Army from September 1984 to July 1987.  

Unfortunately, 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); 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.  

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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 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).

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ijitimehin, Kemi D.

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.