Citation Nr: 21040292
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 19-12 613
DATE: July 3, 2021

ORDER

The appeal of the issue of entitlement to service connection for bladder cancer is dismissed.

FINDING OF FACT

The Veteran died in June 2021 during the pendency of the appeal.

CONCLUSION OF LAW

Due to the death of the appellant, the Board of Veterans' Appeals (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, 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1966 to September 1969, including in the Republic of Vietnam.

In August 2018, the Regional Office denied service connection for bladder cancer. The Veteran properly appealed.

Unfortunately, the Veteran died in June 2021, 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 makes 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. 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). 

A request for substitution was received on June 21, 2021; however, this has not yet been ruled on by the agency of original jurisdiction (AOJ). The Board is not permitted to rule on an appeal until the AOJ makes a substitution determination.  

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Bristor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.