12-01 031
12-01 031
| Board of Vet. App. | Sep 18, 2017Background
- Appellant claimed service in recognized Filipino guerrilla forces from Oct 1943 to Oct 1945 and sought a one-time Filipino Veterans Equity Compensation (FVEC) payment.
- The appeal is from a January 2011 decision by the Manila VA Regional Office.
- The appeal was remanded in Feb 2017 and reassigned to the undersigned Veterans Law Judge.
- VA was notified on March 28, 2017, that the appellant had died in January 2016.
- The Board determined the appellant's death occurred while the appeal was pending, rendering the merits moot unless a proper substitution is filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to a one-time FVEC payment | Appellant asserted he served in recognized guerrilla forces and sought FVEC payment | Not argued on merits due to appellant's death; jurisdictional dismissal urged | Appeal dismissed for lack of jurisdiction because the appellant died during the appeal; claim is moot absent substitution |
Key Cases Cited
- Zevalkink v. Brown, 102 F.3d 1236 (Fed. Cir. 1996) (claims do not survive claimant's death)
- Smith v. Brown, 10 Vet. App. 330 (1997) (death of appellant renders appeal moot)
- Landicho v. Brown, 7 Vet. App. 42 (1994) (VA appeals do not survive claimant's death)
Notes on next steps: The Board expressed no opinion on the merits. An eligible person may request substitution within one year of the claimant's death, pursuant to 38 U.S.C. § 5121A and 38 C.F.R. § 3.1010.