Citation Nr: 21029751
Decision Date: 05/14/21	Archive Date: 05/14/21

DOCKET NO. 16-53 941
DATE: May 14, 2021

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed.

Entitlement to service connection for the residuals of hepatitis C is dismissed.

FINDING OF FACT

In February 2020, the RO received notification that the Veteran died in January 2020.

CONCLUSIONS OF LAW

1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of entitlement to service connection for an acquired psychiatric disorder, to include PTSD.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of entitlement to service connection for residuals of hepatitis C.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from July 1967 to June 1969.    

This matter is on appeal before the Board of Veterans Appeals (Board) from a November 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2019, a Travel Board hearing was held before the undersigned; a transcript of the hearing is of record.

In an October 2019 decision, the Board denied the claims.  The Veteran appealed the Board's October 2019 decision to the United States Court of Appeals for Veterans Claims (Court).  In a February 2021 Memorandum Decision, the Court vacated the Board's October 2019 decision due to the Veteran's death.

Service Connection

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD.

Entitlement to service connection for residuals of hepatitis C.

Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, veterans' claims do not survive their deaths and the appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Landicho v. Brown, 7 Vet. App. 42, 53-54 (1994).

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 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 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).

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Bredehorst

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.