Citation Nr: 25005545
Decision Date: 04/23/25	Archive Date: 04/23/25

DOCKET NO. 16-24 687A
DATE: April 23, 2025

ORDER

The appeal as to whether the Veteran's means test eligibility category of copay required in the VA healthcare system for income year 2013 was proper, is dismissed.

FINDING OF FACT

During the pendency of the appeal, and prior to the promulgation of a decision in the matter, the Board was notified that the Veteran died in January 2025.

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 in the United States Army from December 1955 to November 1957.  Sadly, the Veteran passed away in January 2025. 

This matter comes before the Board on appeal of a January 2016 Agency of Original Jurisdiction (AOJ) decision issued by the Department of Veterans Affairs (VA) Health Eligibility Center (HEC).  

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).  The appeal of each issue on the merits has become moot by virtue of the death of the Veteran 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 any issue on appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.  

Accordingly, the appeal is dismissed.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Mouzakis, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.