Citation Nr: 20021329
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-46 536A
DATE: March 25, 2020

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. The Appellant died on February [REDACTED], 2020, while his appeal to the Board was pending.

2. On February 10, 2020, the Regional Office received but has not yet adjudicated a request for substitution of the Appellant upon his death.

CONCLUSION OF LAW

Due to the Appellant’s death, the Board has no jurisdiction to adjudicate the claim on its merits at this time. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran honorably served on active duty from December 1972 to December 1974. In June 2013, the RO denied the Veteran’s claims for compensation under 38 U.S.C. § 1151 for thoracoabdominal aortic aneurysm with multiple surgical procedures and for pressure ulcer with scarring over sacrum as well as entitlement to individual unemployability. The Veteran appealed. Unfortunately, during pendency of his appeal, the Veteran died. 

As a matter of law, appeals pending at the time of death must be dismissed for lack of jurisdiction, unless an individual eligible for certain survivor benefits is properly substituted for the Veteran. See 38 U.S.C. §§ 5121, 7104 (a); 38 C.F.R. § 20.1302.

In this case, VA received a substitution request on February 10, 2020, but has not yet rendered its decision. The Regional Office from where this appeal originates must issue its ruling on substitution before the Board may take jurisdiction and review the appeal on its merits. 38 C.F.R. § 3.1010(e). 

Upon the grant of the request to substitute, the substituted appellant on behalf of the deceased Appellant may continue the appeal to completion. § 3.1010(a). Until then, the Board’s current policy demands a dismissal of the instant appeal.

Accordingly, the appeal is dismissed without prejudice.

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Williams, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.