Citation Nr: 21042225
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-28 929
DATE: July 12, 2021

ORDER

Entitlement to service connection for upper respiratory infections is dismissed. 

Entitlement to service connection for chronic obstructive pulmonary disease (COPD) is dismissed.

Entitlement to service connection for sleep apnea is dismissed.

Entitlement to service connection for a heart disorder is dismissed.

Entitlement to service connection for high blood pressure is dismissed.

Entitlement to service connection for a skin disorder is dismissed.

Entitlement to service connection for diabetes mellitus, type II is dismissed.

Entitlement to service connection for a shaking disorder is dismissed.

Entitlement to service connection for a depressive/anger disorder is dismissed.

FINDINGS OF FACT

The Board was notified that the Veteran died in May 2021.

CONCLUSIONS 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 CONCLUSIONS

The Veteran served on active duty from September 1963 to May 1967.

Service Connection

1. Entitlement to service connection for upper respiratory infections

2. Entitlement to service connection for chronic obstructive pulmonary disease (COPD)

3. Entitlement to service connection for sleep apnea

4. Entitlement to service connection for a heart disorder

5. Entitlement to service connection for high blood pressure

6. Entitlement to service connection for a skin disorder

7. Entitlement to service connection for diabetes mellitus, type II

8. Entitlement to service connection for a shaking disorder

9. Entitlement to service connection for a depressive/anger disorder

Unfortunately, the Veteran 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).  This appeal on the merits has become moot by virtue of the death of the Appellant 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.

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.  See 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; see 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).

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. R. Stephens, 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.