Citation Nr: 21032548 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 17-21 769 DATE: May 27, 2021 THE ISSUES 1. Entitlement to an increased rating for post-traumatic stress disorder (also claimed as major depression). 2. Entitlement to an increased rating for radiculopathy, right lower extremity. 3. Entitlement to an increased disability rating for surgical scar (painful). 4. Entitlement to an effective date earlier than June 14, 2013 for individual unemployability. 5. Entitlement to an effective date earlier than June 13, 2014 for Dependents' Educational Assistance. 6. Entitlement to an effective date earlier than January 28, 2013 for post-traumatic stress disorder (also claimed as major depression). 7. Entitlement to an effective date earlier than September 2, 2011 for radiculopathy, right lower extremity. 8. Entitlement to an effective date earlier than October 6, 2014 for surgical scar (painful). 9. Entitlement to service connection for a thoracolumbar spine disorder other than service-connected lumbar spine degenerative disc disease with spondylosis (lumbar spine disorder), diagnosed as cervicothoracic levoscoliosis. 10. Entitlement to service connection for a right knee disorder, to include as secondary to service-connected lumbar spine disorder. 11. Entitlement to service connection for a left knee disorder, to include as secondary to service-connected lumbar spine disorder. 12. Entitlement to increased evaluations for service-connected lumbar spine disorder, initially evaluated as noncompensable; then at 20 percent from June 14, 2013; and then at 10 percent from February 8, 2017. ORDER The appeal is dismissed. FINDING OF FACT On April 30, 2021 the Board was notified that the appellant died in April 2021. CONCLUSION OF LAW Due to the death of the appellant, 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 served on active duty in the U.S. Army from June 1989 to November 1989, and from February 1991 until May 1991. He had additional service in the Army National Guard of Georgia prior to and following his active duty service. This matter comes to the Board of Veterans' appeals on appeal from December 2012, July 2013, June 2014, and March 2017 rating decisions of Department of Veterans Affairs (VA) Regional Office in Atlanta, Georgia. The issues of service connection and an increased disability rating for a lumbar spine disability were previously before the Board in February 2019, at which time they were remanded for further development. 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. (Continued on next page.) 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). Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. E. Geary, 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.