Citation Nr: 22013897
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 16-35 779A
DATE: March 10, 2022

ORDER

The appeal for entitlement to service connection for tinnitus is dismissed.

The appeal for entitlement to service connection for sleep disturbance associated with right ulnar nerve entrapment is dismissed.

FINDING OF FACT

In November 2021, VA received notification that the Veteran died earlier that month.

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 served on active duty from December 2007 to December 2011 and from November 2014 to August 2015, with additional Reserve service.

 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a           May 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

In March 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. 

1. Entitlement to service connection for tinnitus

2. Entitlement to service connection for sleep disturbance associated with right ulnar nerve entrapment

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 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. See 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) 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).

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, Associate 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.