Citation Nr: 25004850
Decision Date: 04/10/25	Archive Date: 04/10/25

DOCKET NO. 18-18 729A
DATE: April 10, 2025

ORDER

Entitlement to a compensable disability rating for hypertension is dismissed.

Entitlement to a disability rating in excess of 60 percent for ischemic heart disease is dismissed.

Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

Entitlement to special monthly compensation based on the need for aid and attendance is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

Entitlement to a total disability rating based on individual unemployability due to a service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

1. The Veteran died in March 2025. 

CONCLUSIONS OF LAW

1. 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 August 1968 to June 1970 and from March 1973 to March 1977. 

Unfortunately, the appellant 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. 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.

(Continued on the next page)

?

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

 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Braxton

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.