Citation Nr: A25035199
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240605-446211
DATE:  April 16, 2025

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to the promulgation of a decision in this appeal, the Veteran died in September 2024.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal at this time. 38 U.S.C. § 7104(a) (2018); 38 C.F.R. § 20.1302 (2024).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active naval service from April 1989 to April 1992. These matters come before the Board of Veterans' Appeals (Board) on appeal from March and May 2024 rating decisions issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). 

In the June 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the direct review docket. Therefore, the Board may only consider the evidence of record at the time of the respective March and May 2024 rating decisions on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the March and May 2024 rating decisions on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801 (2024). 

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 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330 (1997); Landicho v. Brown, 7 Vet. App. 42 (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. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 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. Any request must be filed not later than one year after the date of the veteran's death. Veterans' Benefits Improvement Act of 2008, Pub. L. No. 110-389, § 212, 122 Stat. 4145, 4151 (2008).

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.