Citation Nr: 18132230 Decision Date: 09/06/18 Archive Date: 09/06/18 DOCKET NO. 15-07 249 DATE: September 6, 2018 ORDER The appeal regarding whether new and material evidence has been received to reopen the claim of entitlement to service connection for a left elbow disability is dismissed. The appeal regarding entitlement to service connection for a left knee disability is dismissed. FINDING OF FACT On August 14, 2018, VA was notified that the Veteran died in April 2016. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for whether new and material evidence has been received to reopen the claim of entitlement to service connection for a left elbow disability. 38 U.S.C. § 7104(a)(2); 38 C.F.R. § 20.1302. 2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to service connection for a left knee disability. 38 US.C. § 7104(a)(2); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from August 1952 to August 1956 and October 1961 to September 1962. 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). This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a)(2); 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. 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 Veteran’s death. See 38 U.S.C. § 5121A(2); 38 C.F.R. § 3.1010(b). DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Schick, Associate Counsel
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