Citation Nr: 22013296 Decision Date: 03/22/22 Archive Date: 03/22/22 DOCKET NO. 18-41 904 DATE: March 22, 2022 ORDER The appeal for whether new and material evidence has been submitted to readjudicate the claim of entitlement to service connection for "knot" on left side of stomach, claimed as pain in stomach, is dismissed. The appeal for entitlement to service connection for chronic condition to account for joint pain in back is dismissed. The appeal for entitlement to service connection for chronic condition of the left elbow joint is dismissed. The appeal for entitlement to service connection for chronic condition to account for left leg pain is dismissed. The appeal for entitlement to service connection for appendectomy scar, condition to account for a knot on right side of stomach, claimed as knots on right side, is dismissed. The appeal for entitlement to service connection for posttraumatic stress disorder (PTSD), depression, anxiety, and insomnia is dismissed. The appeal for entitlement to service connection for chronic condition to account for right leg pain is dismissed. FINDING OF FACT On January 25, 2022, the Board was notified that the Veteran died on June [REDACTED], 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. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1980 to July 1980. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans' 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. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). A request for substitution must be filed with the agency of original jurisdiction (AOJ) not later than one year after the date of the appellant's death. 38 C.F.R. §§ 3.1010(b), 20.1302(a). If the AOJ grants the request to substitute, the case will assume its original place on the Board's docket. 38 C.F.R. §§ 20.1302(a), 20.900(a)(2). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David Han 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.