Citation Nr: 22009294
Decision Date: 02/16/22	Archive Date: 02/16/22

DOCKET NO. 19-34 896
DATE: February 16, 2022

ORDER

Service connection for bilateral hearing loss is dismissed.

Service connection for hemorrhoids is dismissed.

FINDING OF FACT

In February 2022, the Board of Veterans' Appeals (Board) was notified the Veteran died in January 2022.

CONCLUSIONS OF LAW

1. Due to the death of the Veteran, the Board has no jurisdiction at this time to adjudicate the merits of the service connection claim for bilateral hearing loss.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

2. Due to the death of the Veteran, the Board has no jurisdiction at this time to adjudicate the merits of the service connection claim for hemorrhoids.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from August 1954 to July 1956.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision.

1. Service connection for bilateral hearing loss is dismissed.

2. Service connection for hemorrhoids is dismissed.

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); 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.  38 U.S.C. § 7104(a); 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 claims 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 claims originated (listed on the first page of this decision).  38 C.F.R. § 3.1010(b).

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.