03-23 909, 03-23 909

Veteran served on active duty from July 1964 to May 1969 and appealed a March 2003 VA Regional Office rating decision.
Claim sought service connection for a skin disorder other than tinea cruris, to include chloracne and porphyria cutanea tarda, alleged secondary to herbicide exposure.
The Board remanded the claim in January 2009 for further development.
The Veteran died in June 2017 while the appeal was pending; the certificate of death was noted by the Board.
The Board concluded that the appeal was moot because VA appellate claims do not survive the claimant’s death, and dismissed the appeal for lack of jurisdiction.
The Board expressly preserved the possibility of substitution: an eligible person may request substitution (under 38 U.S.C. § 5121A and 38 C.F.R. § 3.1010) within one year of the Veteran’s death, with substitution requests for dismissed appeals to be filed with the Muskogee, OK Regional Office.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Veteran’s appeal for service connection survives his death	Veteran sought service connection for skin disorder (chloracne, porphyria) due to herbicide exposure	VA argued the Board lacks jurisdiction because the appellant died and VA appellate claims do not survive death	Appeal dismissed as moot for lack of jurisdiction; claims do not survive the appellant's death

Zevalkink v. Brown, 102 F.3d 1236 (Fed. Cir. 1996) (holding that VA appellate claims generally do not survive the claimant’s death)