Citation Nr: 21040600
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 19-20 716
DATE: July 6, 2021

ORDER

Entitlement to service connection for bilateral upper extremity neuropathy is dismissed.  

Entitlement to service connection for bilateral lower extremity neuropathy is dismissed.

Entitlement to service connection for hypertension is dismissed.

Entitlement to service connection for a bilateral hip disability is dismissed.

Entitlement to service connection for bilateral hand arthritis is dismissed.

Entitlement to service connection for bilateral lower extremity arthritis is dismissed.

Entitlement to service connection for an acquired psychiatric disorder is dismissed.

Entitlement to service connection for foot ulcers is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

Entitlement to Special Monthly Compensation (SMC) based on loss of use is dismissed.

FINDINGS OF FACT

Prior to the promulgation of a decision in the appeals listed above, VA was notified the Veteran had died in April 2021.

CONCLUSIONS OF LAW

The criteria for dismissal of all of the above listed claims have been met.  38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran had active service from September 1965 to September 1967.  ELL

Unfortunately, the Veteran died during the pendency of the appeal.  As a matter of law, claims do not survive a claimant's death.  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 Veteran and must be dismissed for lack of jurisdiction.  See 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302.

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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.  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).

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Snoparsky

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.