Citation Nr: 21031900 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 16-33 095 DATE: May 24, 2021 ORDER Due to the death of the appellant, the claim of entitlement to an initial rating in excess of 20 percent prior to October 2, 2014, and in excess of 30 percent therefrom, for left shoulder (minor) disability with limitation of motion is dismissed. Due to the death of the appellant, the claim of entitlement to a rating in excess of 20 percent for left shoulder (minor) disability with dislocation is dismissed. Due to the death of the appellant, the claim of entitlement to service connection for a cervical spine disability is dismissed. Due to the death of the appellant, the claim of entitlement to service connection for a thoracolumbar spine disability is dismissed. Due to the death of the appellant, the claim of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disability is dismissed. FINDING OF FACT On April 26, 2021, the Board was notified that the appellant died in March 2021. CONCLUSIONS OF LAW 1. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal regarding entitlement to an initial rating in excess of 20 percent prior to October 2, 2014, and in excess of 30 percent therefrom for left shoulder (minor) disability with limitation of motion at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal regarding entitlement to a rating in in excess of 20 percent for left shoulder (minor) disability with dislocation at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal regarding entitlement to service connection for a cervical spine disability at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal regarding entitlement to service connection for a thoracolumbar spine disability at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal regarding entitlement to a TDIU at this time. 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 June 1992 to October 1995. The Veteran additionally had service in the Army National Guard. Unfortunately, the appellant died on March [REDACTED], 2021, while his appeal was pending This appeal comes before the Board of Veterans' Appeals (Board) from rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. In February 2020, the Board remanded the above claims for additional development. Following the issuance of a Supplemental Statement of the Case (SSOC) in October 2020, the Veteran's attorney requested an additional hearing before the Board, which has been rendered moot by the death of the appellant. See Third Party Correspondence (October 2020 & November 2020). 1. Entitlement to an initial rating in excess of 20 percent prior to October 2, 2014, and in excess of 30 percent therefrom for left shoulder (minor) disability with limitation of motion is dismissed. 2. Entitlement to a rating in excess of 20 percent for left shoulder (minor) disability with dislocation is dismissed. 3. Entitlement to service connection for a cervical spine disability is dismissed. 4. Entitlement to service connection for a thoracolumbar spine disability is dismissed. 5. Entitlement to a TDIU is dismissed. Issues 1-5. Unfortunately, the appellant 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. 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. 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; 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). C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Krunic, 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.