Citation Nr: 22015485
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 18-21 760
DATE: March 17, 2022

ORDER

The issue of service connection for bilateral hearing loss is dismissed.

The issue of service connection for asbestosis is dismissed.

The issue of service connection for pulmonary vascular disease is dismissed.

The issue of service connection for arthritis of the neck is dismissed.

The issue of service connection for osteoarthritis of the bilateral hip, to include as secondary to service-connected right inguinal hernia, is dismissed.

The issue of service connection for peptic ulcers, as secondary to service-connected stroke, is dismissed.

FINDING OF FACT

The Veteran died in 2022 while this appeal was pending.

CONCLUSION OF LAW

The criteria for dismissal of the claims of service connection for bilateral hearing loss, asbestosis, pulmonary vascular disease, arthritis of the neck, osteoarthritis of the bilateral hip, to include as secondary to service-connected right inguinal hernia, and peptic ulcers, as secondary to service-connected stroke, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from December 1955 to December 1958.

The issues of service connection for bilateral hearing loss, asbestosis, pulmonary vascular disease, arthritis of the neck, osteoarthritis of the bilateral hip, to include as secondary to service-connected right inguinal hernia, and peptic ulcers, as secondary to service-connected stroke, are dismissed.

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. 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. 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 claim originated. 38 C.F.R. § 3.1010(b).

The Board notes that the Veteran's daughter was appointed to be his fiduciary prior to his death. However, she has not filed a claim for accrued benefits or requested substitution. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Timothy T. Emmart

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.