Citation Nr: 21061522
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 16-36 894
DATE: October 4, 2021

ORDER

The appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

On September 22, 2021 the Board was notified that the Veteran died in December 2020.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

Unfortunately, the Veteran died during the pendency of this appeal.  As a matter of law, appellants' claims do not survive their deaths; therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

There are provisions in place to allow for an eligible person to take an appellant's place in an appeal in order to get a final decision.  This process is called substitution.  The request to be substituted must be filed within one year of the Veteran's death. 38 C.F.R. § 3.1010(b).  To file a request for substitution, one may use VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant," which can be found online here: https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf.  

The completed form may be submitted electronically via ACCESSVA.  The web address for ACCESSVA is https://eauth.va.gov/accessva/?cspSelectFor=dmhs. Alternatively, one may mail the completed form to:

Department of Veterans Affairs

Pension Intake Center

PO Box 5365

Janesville, WI 53547-5365

You may also submit the form directly to your nearest VA regional office.  To find a VA regional office nearest you go to https://www.va.gov/find-locations/?facilityType=benefits.

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Only certain persons are eligible for substitution.  A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a)"  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a). There is a helpful factsheet here that explains who is eligible for accrued benefits: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, Shanna

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.