Citation Nr: 21030055 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 20-19 048 DATE: May 17, 2021 ISSUES 1. Entitlement to a disability rating in excess of 70 percent for major depressive disorder. 2. Entitlement to a disability rating in excess of 30 percent for Arnold Chiari malformation and syrinx, claimed as a mild stroke with numbness of right side of body and tingling of hands and feet (claimed as muscle weakness). ORDER The appeal of the issue of entitlement to a disability rating in excess of 70 percent for major depressive disorder is dismissed. The appeal of the issue of entitlement to a disability rating in excess of 30 percent for Arnold Chiari malformation and syrinx, claimed as a mild stroke with numbness of right side of body and tingling of hands and feet (claimed as muscle weakness) is dismissed. FINDING OF FACT In April 2021, the Board was notified that the Veteran died in April 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. § 7104 (a) (West 2014); 38 C.F.R. § 20.1302 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Marine Corps from July 1998 to July 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision. This June 2018 rating decision increased the Veteran's disability rating for major depressive disorder from 50 percent disabling to 70 percent disabling, effective May 8, 2018. This June 2018 rating decision also continued the Veteran's disability rating for Arnold Chiari malformation and syrinx, claimed as a mild stroke with numbness of right side of body and tingling of hands and feet (claimed as muscle weakness) at 30 percent disabling. See June 22, 2018 rating decision. The Veteran filed a Notice of Disagreement (NOD) with respect to this rating decision on November 5, 2018. The Veteran was issued a Statement of the Case (SOC) in April 2020. The Veteran perfected his appeal on April 20, 2020 with respect to all issues listed on the SOC, requesting a Videoconference Board Hearing. See April 16, 2020 Third Party Correspondence & VA Form 9. Unfortunately, the Veteran died in April 2021 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 Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104 (a) (West 2014); 38 C.F.R. § 20.1302 (2018). 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 (2018). 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 (West 2014); 38 C.F.R. § 3.1010 (b) (2018). 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 (West 2014); see 38 C.F.R. § 3.1010 (a) (2018). 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) (2018). Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Little, 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.