Citation Nr: 22018221
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 19-32 306
DATE: March 28, 2022

ORDER

Entitlement to service connection for gastroesophageal reflux disease (GERD) is dismissed.

FINDING OF FACT

Prior to the announcement of a decision on this appeal, the Board was notified the Veteran passed away on January 12, 2022.

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. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1966 to August 1969.

This appeal comes before the Board of Veterans' Appeals (Board) from a March 2016 rating decision from a Department of Veterans Affairs (VA) Regional Office.

Unfortunately, the Veteran passed away in January 2022 during the pendency of the appeal. The Board and the undersigned Veteran's Law Judge (VLJ) extend deep sympathy and wish to extend our sincere gratitude for the Veteran's service.

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. 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 no later than one year after the date of the appellant's death. See 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).

In sum, there is no issue for appellate review. Thus, the Board has no current jurisdiction to adjudicate the merits of the appeal, and the claim must be dismissed.

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JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Law Clerk, Tyler R. Masters

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.