# 210218-141902

> Board of Veterans' Appeals · June 30, 2021

URL: https://www.frixlaw.com/law-library/cases/4707658

## Case

- **Court:** Board of Veterans' Appeals
- **Decided:** June 30, 2021
- **Precedential status:** Unpublished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: 06/30/21	Archive Date: 06/30/21

DOCKET NO. 210218-141902
DATE: June 30, 2021

ORDER

Entitlement to a rating in excess of 70 percent for posttraumatic stress disorder (PTSD) prior to and from April 5, 2018 is dismissed.

Entitlement to a rating in excess of 40 percent for bilateral hearing loss prior to and from February 25, 2020 is dismissed.

Entitlement to a total disability rating based on individual unemployability is dismissed.

FINDING OF FACT

VA received notification from the Social Security Administration that the Veteran passed away on March 23, 2021.

CONCLUSION OF LAW

Due to the Veteran's death, the Board has no jurisdiction to adjudicate the merits of the 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 from January 9, 1952 to January 8, 1954 and January 12, 1954 to January 11, 1960.

Unfortunately, the Veteran 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). The issue on appeal has become moot by virtue of the Veteran's death and must be dismissed for lack of jurisdiction. See 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 the appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. The Board's dismissal of the 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 Veteran's death. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, Tara-Deen

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/4707658. Public record. Not legal advice.