14-39 432 ( 2018 )

Citation Nr: 1829936
Decision Date: 11/29/18 Archive Date: 12/06/18
DOCKET NO. 14-39 432 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in St. Petersburg, Florida
THE ISSUE
Entitlement to accrued benefits.
REPRESENTATION
Appellant represented by: N. Albert Bacharach, Jr., Attorney
ATTORNEY FOR THE BOARD
M. Pryce, Associate Counsel
INTRODUCTION
The Veteran served on active duty from February 1953 to February 1955. The Veteran died in July 2008. The appellant was the Veteran's surviving spouse. The appellant died in June 2013.
This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico.
FINDING OF FACT
On July 25, 2018, the Board was notified that the appellant died in June 2013.
CONCLUSION OF LAW
Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 38 U.S.C.A. § 7104(a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
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. See 38 U.S.C.A. § 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.
ORDER
The appeal is dismissed.
B. T. KNOPE
Veterans Law Judge, Board of Veterans' Appeals