Leavey v. McDonald, 27 Vet.App. 226
(per curiam order) (Jan. 12, 2015)
NO SUBSTITUTE, NO
“CASE OR CONTROVERSY”
Held: When veteran dies during the pendency
of an appeal and there is no eligible substitute, the appeal does not survive
the veteran and the Court must dismiss the case because there is no longer a
“case or controversy” to decide.
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