Citation Nr: 21031564
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 18-06 978
DATE: May 24, 2021

ORDER

The appeal for entitlement to service connection for a right shoulder disability is dismissed.  

The appeal for entitlement to service connection for a recurrent left shoulder disability is dismissed.  

The appeal for entitlement to service connection for a left wrist disability is dismissed.  

The appeal for entitlement to service connection for a left ankle disability is dismissed.  

The appeal for entitlement to service connection for a foot disability is dismissed.  

The appeal for entitlement to service connection for hepatitis C is dismissed.  

The appeal for entitlement to service connection for a psychiatric disorder, to include depressive disorder and posttraumatic stress disorder (PTSD), is dismissed.  

The appeal for entitlement to service connection for recurrent pulmonary disorder, to include chronic obstructive pulmonary disease (COPD), asthma, and bronchitis, is dismissed.  

The appeal for entitlement to service connection for a recurrent skin disorder, to include a rash, is dismissed.  

The appeal for entitlement to service connection for bilateral hearing loss is dismissed.  

FINDING OF FACT

In May 2021, prior to promulgation of a decision in this appeal, the Board of Veterans' Appeals (Board) was notified that the Veteran had 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); 38 C.F.R. § 20.1302.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 1975 to June 1978.  He had additional duty with the South Carolina Army National Guard.  In March 2020, the Veteran had a videoconference hearing before the undersigned Acting Veterans Law Judge.  The hearing transcript is of record.  

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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (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.  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 claims 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 claims to completion.  Any 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).  A person eligible for substitution includes a living person who would be eligible to receive accrued benefits due to the claimant under 38 U.S.C. § 5121(a).  38 U.S.C. § 5121A; 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 Department of Veterans Affairs office from which the claims originated.  38 C.F.R. § 3.1010(b).  

 

 

J. T. HUTCHESON

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Peden, 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.