Citation Nr: 21031318
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 19-31 839
DATE: May 21, 2021

ORDER

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for a bilateral knee disability is dismissed.

Entitlement to service connection for hysterectomy is dismissed.

Entitlement to service connection for hypothyroidism is dismissed.

Entitlement to service connection for a back disability is dismissed.

Entitlement to service connection for superficial siderosis is dismissed.

FINDING OF FACT

In May 2021, the Department of Veterans Affairs (VA) was notified that the Veteran died in March 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); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran (appellant), who served on active duty in the United States Army from February 1976 to September 1976 and January 1991 to May 1991 with additional Reserve service, died in March 2021.

As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996). Unfortunately, the Veteran (appellant) died during the pendency of the appeal. See May 2021 Social Security Administration Inquiry; 38 C.F.R. § 3.211(g). Therefore, this appeal is moot due to her death, and the Board must dismiss it for lack of jurisdiction. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.  

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. Moreover, the Board's dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted for the Veteran 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. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).  

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. deBruyn, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.