Citation Nr: 20034411 Decision Date: 05/18/20 Archive Date: 05/18/20 DOCKET NO. 17-46 745 DATE: May 18, 2020 ORDER The appeal seeking entitlement to a certificate of eligibility for specially adapted housing is dismissed. The appeal seeking entitlement to a certificate of eligibility for special home adaptation grant is dismissed. FINDING OF FACT The Veteran’s death certificate shows that he died in June 2018. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal. 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 August 1969 to June 1971, including combat service in Vietnam. He died in June 2018. This matter is on appeal before the Board of Veterans Appeals (Board) from an October 2016 decision of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Veteran’s daughter, R.G., filed a request to substitute as the Veteran for purposes of this appeal. In April 2020, the RO, in pertinent part, found that the appellant could substitute for the Veteran in the appeals for specially adapted housing and special home adaptation grant. The express purpose of specially adapted housing and special home adaptation grants is to assist any veteran who meets certain criteria due to service-connected disability in acquiring a suitable housing unit or adapting an existing dwelling with special fixtures or movable facilities made necessary by the nature of the veteran’s disability. See 38 U.S.C. § 2101; 38 C.F.R. §§ 3.809, 3.809a. As noted, the Veteran unfortunately died during the pendency of this appeal. Although the RO determined that R.G., as the Veteran’s daughter, could substitute as the claimant for purposes of processing the instant appeal, the specific provisions pertaining to substitution provide that only a person eligible for accrued benefits under § 3.1000(a) may request to substitute for a deceased claimant. 38 C.F.R. § 3.1010(a). Additionally, proper candidates may only be substituted for the Veteran in appeals for “periodic monetary benefits.” Id. Here, as a matter of law, grants of assistance for specially adapted housing or a special home adaptation grant are not a “periodic monetary benefit” as that term is defined under relevant statute and regulation. 38 U.S.C. § 512; 38 C.F.R. § 3.1000. Rather, these benefits are one-time payments afforded to veterans. See e.g. https://www.benefits.va.gov/homeloans/adaptedhousing.asp. Therefore, the claims for specially adapted housing and special home adaptation grant could not be granted on an accrued benefits basis and R.G. is ineligible to substitute for the Veteran with respect to them. 38 C.F.R. § 3.1010 (a). Thus, the adjudication of the appeals for specially adapted housing and special home adaptation has become moot by virtue of the Veteran’s death. Accordingly, the appeals must be dismissed for lack of jurisdiction. 38 U.S.C. §§ 5121A, 7104(a). The Board notes that the RO has also recognized R.G. as substitute in claims that do involve periodic monetary benefits: an appeal for service connection for rheumatoid arthritis and an appeal seeking special monthly compensation based on the need for aid and attendance. A statement of the case addressing these claims was issued to R.G. in April 2020, which included an explanation of her appeal rights and the time limit for filing an appeal. The Board’s dismissal in this case does not disturb the RO’s finding that R.G can substitute for the Veteran in these two other claims should she file a timely appeal. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Dan Brook, 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.