Citation Nr: 21032578
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 20-24 360
DATE: May 27, 2021

ORDER

Service connection for degenerative arthritis, cervical spine is dismissed.

Service connection for dextroscoliosis, lumbar spine is dismissed.

Service connection for right upper extremity numbness is dismissed.

Service connection for left upper extremity numbness is dismissed.

Service connection for left elbow condition is dismissed.

Service connection for residuals, left knee arthroscopy is dismissed.

Service connection for left leg condition is dismissed.

FINDING OF FACT

On May 24, 2021 the Board was notified by the Department of Veterans Affairs (VA) Evidence Intake Center that the Veteran died in May 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 FINDINGS AND CONCLUSIONS

The Veteran served on active duty from December 1965 to December 1969.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

On May 24, 2021 the Board was notified by the Department of Veterans Affairs (VA) Evidence Intake Center that the Veteran died in May 2021.

Service Connection

1. Service connection for degenerative arthritis, cervical spine

2. Service connection for dextroscoliosis, lumbar spine

3. Service connection for right upper extremity numbness

4. Service connection for left upper extremity numbness

5. Service connection for left elbow condition

6. Service connection for residuals, left knee arthroscopy

7. Service connection for left leg condition

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.  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 appellant's death.  See 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; see 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).

 

 

Kalisse Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Houbeck

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.