Citation Nr: 25005293 Decision Date: 04/18/25 Archive Date: 04/18/25 DOCKET NO. 24-00 105 DATE: April 18, 2025 ORDER Entitlement to an apportionment of VA compensation benefits in favor of the Veteran spouse while the Veteran was incarcerated is dismissed. FINDING OF FACT The Veteran passed away in March 2025 and VA has not granted substation to any interested party to this appeal. CONCLUSION OF LAW The criteria establishing entitlement to an apportionment of the Veteran's disability benefits have not been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.450, 3.451, 3.452, 19.55. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from August 1987 to July 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2024 apportionment decision of a Department of Veterans Affairs (VA) Regional Office (RO) denying an apportionment of VA compensation benefits in favor of the Veteran spouse while the Veteran was incarcerated. In April/May 2024, the Veteran submitted Form 9 and Form 8, noting that he disagreed with the decision and requested a hearing before the Board. In August 2024, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the claims file. In March 2025, the Veteran passed away. Death Dismissal Unfortunately, the Veteran passed away in March 2025. Additionally, VA has not granted substation to any interested party to this appeal. In this regard, as a matter of law, Veteran's 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. §§ 19.55, 20.205. 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 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." See 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 Veteran should file a request for substitution with the VA office from which the claim originated. See 38 C.F.R. § 3.1010(b). John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Murphy 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.