14-15 471, 14-15 471

Veteran served on active duty April 29, 1998–August 25, 1998 and appealed a January 2014 RO denial of service connection for a low back disorder (claimed as lumbar scoliosis).
Appeal was before the Board of Veterans' Appeals; the Veteran resided in the Atlanta VARO jurisdiction though the rating decision was from St. Paul.
VA was notified that the Veteran died in April 2017 while the appeal was pending.
As a matter of law, VA treats appellants’ individual claims as not surviving death, making the appeal subject to dismissal unless substitution is requested.
The Board dismissed the appeal for lack of jurisdiction as moot due to the Veteran’s death, while noting no opinion on the merits or any derivative survivor claim.
The Board advised eligible survivors they may request substitution within one year of the Veteran’s death and provided the applicable statutory/regulatory references and procedural instructions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether entitlement to service connection for a low back disorder can be adjudicated after appellant's death	Veteran sought service connection for lumbar scoliosis (appeal of 2014 RO denial)	VA: appeal is moot because the appellant died; individual claims do not survive death	Appeal dismissed for lack of jurisdiction due to Veteran’s death; substitution available to eligible survivors within one year

Zevalkink v. Brown, 102 F.3d 1236 (Fed. Cir.) (claims do not survive claimant’s death; appeal becomes moot)
Smith v. Brown, 10 Vet. App. 330 (Ct. Vet. App.) (confirming non-survivability of individual veterans’ claims)
Landicho v. Brown, 7 Vet. App. 42 (Ct. Vet. App.) (same principle regarding dismissal upon claimant’s death)