Citation Nr: 21032660
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 20-00 159
DATE: May 27, 2021

ORDER

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

FINDING OF FACT

In May 2021, the Board of Veterans' Appeals (Board) received an electronic report from the Social Security Administration (SSA) indicating that the Veteran passed away in April 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the issues on appeal at this time. 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2019).

REFERRED

The issue of substitution was raised in a claim for Dependency and Indemnity Compensation (DIC) and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active duty service with the United States Army from February 1964 to January 1966.

This matter is before the Board from a June 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) that denied service connection for bilateral hearing loss.

Dismissal

Unfortunately, the appellant died during the pendency of the appeal. Specifically, in May 2021, VA received an electronic report from the SSA indicating that the Veteran had passed away in April 2021. 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). The issues on appeal on the merits have 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 the issues on appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.

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The Board's dismissal of the issues on 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. 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).

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C.A. Teich, 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.