Citation Nr: 21042287
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 19-05 015
DATE: July 12, 2021

ORDER

Entitlement to a rating in excess of 20 percent for cervical strain with degenerative arthritis and intervertebral disc syndrome (IVDS) (previously rated as degenerative joint disease, cervical spine) from October 6, 2016 is dismissed.

Entitlement to a rating in excess of 10 percent for degenerative joint disease, cervical spine prior to October 6, 2016 is dismissed.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

Entitlement to service connection for Parkinson's disease is dismissed.

Entitlement to service connection for malignant melanoma is dismissed.

Entitlement to service connection for residuals of stroke is dismissed.

FINDING OF FACT

On June [REDACTED], 2021, the Board was notified that the appellant died on June [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, who is the appellant, served on active duty from September 1970 to September 1976.  He died on June [REDACTED], 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 intimates no opinion as to the merits of this appeal or any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.

(Continued on the next page)

 

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 a 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 38 U.S.C. § 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).

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven D. Najarian, 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.