Citation Nr: 21040987
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 20-23 947
DATE: July 7, 2021

ORDER

Entitlement to service connection for fibromyalgia as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for arthritis as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for hypothyroidism as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for hypertension as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for diabetes mellitus as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for neuropathy of the left lower extremity as secondary to service-connected hepatitis C is dismissed.

Entitlement to service connection for neuropathy of the right lower extremity as secondary to service-connected hepatitis C is dismissed.

FINDING OF FACT

In a Social Security Administration (SSA) Inquiry Result, dated May 10, 2021, VA received notice that the appellant died on April [REDACTED], 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 FINDING AND CONCLUSION

The Veteran served on active duty with the United States Navy from March 1981 to March 1985. He died on April [REDACTED], 2021.

This case comes to the Board of Veterans' Appeals (Board) from a February 2018 rating decision of the VA Regional Office.

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. 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. 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).

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brandon A. Williams, 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.