Citation Nr: 21050005
Decision Date: 08/13/21	Archive Date: 08/13/21

DOCKET NO. 20-23 724
DATE: August 13, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

The Board was notified that the Veteran died during the pendency of the appeal.

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.  

(a); 

.

REASONS AND BASES FOR FINDING AND CONCLUSION

As an initial matter, docket 20-23 724 was erroneously assigned because the issues listed for this docket were already part of the earlier docket 15-46 460.  These issues associated with docket 20-23 724 were addressed in a May 2021 Board decision.  Thus, there is no justiciable case or controversy currently before the Board with respect to those issues.  

Moreover, the Board received notice in July 2021 that the Veteran died during the pendency of the appeal.  As a matter of law, appellants' claims do not survive their deaths.  Zevalkink v. Brown, 

, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 

, 333-34 (1997); Landicho v. Brown, 

, 47 (1994).  This appeal on the merits has become moot by virtue of the death of the appellant and must be dismissed for lack of jurisdiction.  

(a); 

.  Thus, because claims don't survive death, the issues remanded by the Board in May 2021, are likewise dismissed. 

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran.  

.

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.  Such request must be filed not later than one year after the date of the appellant's death.  38 U.S.C. § 5121A; 

(b).  A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ...."  38 U.S.C. § 5121A; 

(a).  An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated.  

(b).

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Berry, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 

.