Citation Nr: 21032353
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 18-24 673
DATE: May 26, 2021

ORDER

Whether new and material evidence has been submitted sufficient to reopen claim for service connection for diabetes mellitus is dismissed.

Whether new and material evidence has been submitted sufficient to reopen claims for service connection for peripheral neuropathies, bilateral lower extremities as secondary to service-connected disability of diabetes mellitus is dismissed.

Whether new and material evidence has been submitted sufficient to reopen claim for service connection for major depressive disorder (claimed as depression/anxiety/to include PTSD) is dismissed.

FINDINGS OF FACT

In April 2021, the Board was notified that the Veteran had died that month.

CONCLUSIONS 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 FINDINGS AND CONCLUSIONS

The Veteran had active duty service from February 1969 to December 1972.

This matter comes before the Board of Veterans' Appeals (Board) from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Service Connection

1. Whether new and material evidence has been submitted sufficient to reopen claim for service connection for diabetes mellitus

2. Whether new and material evidence has been submitted sufficient to reopen claims for service connection for peripheral neuropathies, bilateral lower extremities as secondary to service-connected disability of diabetes mellitus

3. Whether new and material evidence has been submitted sufficient to reopen claim for service connection for major depressive disorder (claimed as depression/anxiety/to include PTSD)

Unfortunately, review of the Veteran's claims file indicates that he died during the pendency of the appeal, in April 2021. As a matter of law, Veterans' 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); 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 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 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 local VA office.

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.R. Fey, 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.