Citation Nr: 21029354
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 13-34 756
DATE: May 13, 2021

ORDER

The appeal of the issue of entitlement to service connection for Parkinson's disease is dismissed.

The appeal of the issue of entitlement to service connection for posttraumatic stress disorder (PTSD) is dismissed.

The appeal of the issue of entitlement to service connection for type II diabetes mellitus is dismissed.

The appeal of the issue of entitlement to service connection for coronary artery disease is dismissed.

FINDING OF FACT

While the appeal was pending and prior to the issuance of a final decision, VA received notice that the Veteran passed away on April 2, 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. §§ 5121A, 7104(a); 38 C.F.R. §§ 3.1010, 20.1106, 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1964 to August 1969.

These matters come before the Board of Veterans' Appeals (Board) on appeal from May 2012 and September 2013 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  Jurisdiction is currently with the RO in Denver, Colorado.

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in December 2016 and a transcript of the hearing has been associated with the claims file.

1. Entitlement to service connection for Parkinson's disease

2. Entitlement to service connection for posttraumatic stress disorder (PTSD)

3. Entitlement to service connection for type II diabetes mellitus

4. Entitlement to service connection for coronary artery disease

Unfortunately, the Veteran 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.

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 (listed on the first page of this decision).  38 C.F.R. § 3.1010(b).

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Smith-Jennings, 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.