Citation Nr: 21061789
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 17-50 309
DATE: October 5, 2021

ORDER

The appeal in the claim for an earlier effective date for the award of death pension benefits, with aid and attendance, is dismissed.

FINDING OF FACT

In November 2018, the Board of Veterans' Appeals (Board) was notified that the appellant died in October 2018.

CONCLUSION OF LAW

Due to the death of the appellant, 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

The Veteran served on active duty from April 1941 to July 1945.  He passed away in August 1985.  The appellant in this appeal was his surviving spouse.  This matter before the Board arose from a July 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

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.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the appellant.  38 C.F.R. § 20.1106.  The Board's dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion.  Please note that 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) of this title..."  38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).  There is a helpful factsheet that explains who is eligible for accrued benefits here: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf

While the appellant's daughter filed a request to be substituted as the appellant in this appeal in December 2018, the agency of original jurisdiction (AOJ) has not yet made a determination on the substitution request.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.