Citation Nr: 21041103
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 20-16 410
DATE: July 8, 2021

ORDER

The appeal as to the issue of a higher initial disability rating in excess of 10 percent for osteoarthritis of the right knee is dismissed.

The appeal as to the issue of a higher initial disability rating in excess of 10 percent for osteoarthritis of the left knee is dismissed.

The appeal as to the issue of service connection for diabetes mellitus, type II, is dismissed.

The appeal as to the issue of service connection for chronic kidney failure is dismissed.

The appeal as to the issue of service connection for congestive heart failure is dismissed.

The appeal as to the issue of service connection for diabetic retinopathy is dismissed.

The appeal as to the issue of service connection for pseudofolliculitis barbae is dismissed.

The appeal as to the issue of service connection for sleep apnea is dismissed.

The appeal as to the issue of service connection for supraventricular tachycardia is dismissed.

FINDINGS OF FACT

1. The Veteran in this case served on active duty from February 1969 to February 1971.

2. On June 29, 2021, the Board of Veterans' Appeals (Board) was notified by the Social Security Administration (SSA) that the Veteran died in May 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, 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 FINDINGS AND CONCLUSION

The Veteran, who was the appellant, had active service from February 1969 to February 1971.

This matter came before the Board on appeal from a February 2018 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.

Unfortunately, the Veteran died during the pendency of the appeal.  On June 29, 2021, the Board was notified by SSA that the Veteran died in May 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).  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 Veteran'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)"  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).

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Blowers, 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.