Citation Nr: 21061618
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 19-18 894
DATE: October 4, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In September 2021, the Board was notified of the appellant's death in July 2021.

CONCLUSION OF LAW

Because of the appellant's death, 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 appellant 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, however, provisions allowing an eligible person to take the Veteran's place in his appeal to process it to completion. 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).  In September 2021, to this end, VA received a request for substitution from the Veteran's widow.  See VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant".  VA will notify her when a decision is made on her request.  

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Wishard

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.