# 191216-51408

> Board of Veterans' Appeals · September 30, 2020

URL: https://www.frixlaw.com/law-library/cases/4644213

## Case

- **Court:** Board of Veterans' Appeals
- **Decided:** September 30, 2020
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

Citation Nr: AXXXXXXXX
Decision Date: 09/30/20	Archive Date: 09/30/20

DOCKET NO. 191216-51408
DATE: September 30, 2020

ORDER

Entitlement to payment or reimbursement of medical services rendered at CHRISTUS Trinity Mother Frances Health System in 2019, is dismissed.

FINDING OF FACT

In September 2020, the Board confirmed notification of the Veteran’s death received by the Regional Office (RO) in Waco, Texas. The Veteran died in July 2020.

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. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Army from June 1966 to June 1975. The Veteran died in July 2020.

This matter comes before the Board of Veterans' Appeals (Board) from a November 2019 Appeals Modernization Act (AMA) rating decision by the VA Office of Community Care in Bonham, Texas. The Veteran timely appealed the decision to the Board in a December 2019 VA Form 10182 and selected the direct review option.

Entitlement to payment or reimbursement of non-VA health services

Unfortunately, the appellant 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, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 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. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

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. 38 C.F.R. § 20.1106.

(Continued on the next page)

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; 38 C.F.R. § 3.1010(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; 38 C.F.R. § 3.1010(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. 38 C.F.R. § 3.1010(b).

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Denise Adams Hill, Associate 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4644213. Public record. Not legal advice.