Citation Nr: 21032742
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 19-27 156
DATE: May 27, 2021

ORDER

An initial increased rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is dismissed.

Service connection for a psychiatric disorder, to include anxiety and depression, 

is dismissed.

Service connection for a liver disorder is dismissed.

Service connection for a prostate disorder is dismissed.

FINDING OF FACT

In May 2021, prior to the promulgation of a decision in the appeal, VA received notification that the Veteran died on April [REDACTED], 2021.

CONCLUSION OF LAW

Due to the Veteran's death, the Board has no jurisdiction to adjudicate the merits of this appeal. 38 U.S.C. § 7105; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1966 to March 1970. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran limited his appeal to the Board to a higher rating for PTSD, service connection for a psychiatric disorder, service connection for a liver disorder, and service connection for a prostate disorder via marking box 8A and listing the aforementioned issues on the VA Form 9, received on September 9, 2019.

VA received notification that the Veteran died on April [REDACTED], 2021, during the pendency of his appeal. See 5/20/2021 Report of Death.

As a matter of law, claims do not survive the death of the Veteran. 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). As such, this appeal 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.

Specifically, 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 claims 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. 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 Veteran should file a request for substitution with the RO from which the claim originated. 38 C.F.R. § 3.1010(b).

Based on the above, the Board does not have jurisdiction to review and the appeal is dismissed. 

 

 

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Fuentes, 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.