Citation Nr: 21062563 Decision Date: 10/08/21 Archive Date: 10/08/21 DOCKET NO. 17-20 384 DATE: October 8, 2021 ORDER Entitlement to service connection for a bilateral foot disorder, to include as secondary to service-connected bilateral lower extremity peripheral neuropathy, is dismissed. Entitlement to service connection for a left knee disorder is dismissed. Entitlement to a rating for diabetes mellitus, type II in excess of 20 percent is dismissed. Entitlement to initial ratings for posttraumatic stress disorder (PTSD) in excess of 30 percent prior to March 20, 2015, 70 percent from March 20, 2015 to July 27, 2015, and 30 percent beginning July 27, 2015 is dismissed. Entitlement to a rating in excess of 60 percent for a heart disability is dismissed. Entitlement to a rating for a left great toe disability in excess of 20 percent prior to March 7, 2017 and a compensable rating beginning March 7, 2017 is dismissed. Entitlement to a rating for cataracts and diabetic retinopathy in excess of 30 percent is dismissed. FINDING OF FACT In October 2021, prior to the promulgation of a decision in the appeal, the Board received confirmation from the Social Security Administration that the Veteran died in September 2021. CONCLUSIONS OF LAW 1. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to service connection for a bilateral foot disorder, to include as secondary to service-connected bilateral lower extremity peripheral neuropathy at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 2. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to service connection for a left knee disorder at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 3. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to a rating in excess of 20 percent for diabetes mellitus, type II at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 4. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to initial ratings for PTSD in excess of 30 percent prior to March 20, 2015, 70 percent from March 20, 2015 to July 27, 2015, and 30 percent beginning July 27, 2015 at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 5. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to a rating in excess of 60 percent for a heart disability at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 6. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to a rating for a left great toe disability in excess of 20 percent prior to March 7, 2017 and a compensable rating beginning March 7, 2017 at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 7. Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal for entitlement to a rating for cataracts and diabetic retinopathy in excess of 30 percent at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from May 1969 to May 1971. This appeal to the Board of Veterans' Appeals (Board) is from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran and his spouse testified during a video conference hearing before the undersigned. A transcript of the hearing is of record. Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans' claims do not survive their deaths and the appeal must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Landicho v. Brown, 7 Vet. App. 42, 53-54 (1994). There are, however, provisions in place to allow for an eligible person to take the Veteran's place in his 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, you 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, you 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. 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 S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Bredehorst, 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.