Citation Nr: 21063442 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 18-10 405 DATE: October 14, 2021 ORDER The appeal for entitlement to service connection for a lumbar spine disability is dismissed. The appeal for entitlement to service connection for a cervical spine disability is dismissed. The appeal for entitlement to service connection for right upper extremity disability, to include as secondary to a cervical spine disability, is dismissed. The appeal for entitlement to service connection for left lower extremity radiculopathy, to include as secondary to a lumbar spine disability, is dismissed. The appeal for entitlement to service connection for right lower extremity radiculopathy, to include as secondary to a lumbar spine disability, is dismissed. The appeal for entitlement to a total disability evaluation based on individual unemployability due to a service-connected disability (TDIU) is dismissed. FINDING OF FACT In September 2021, the Board was notified that the Veteran died in August 2021. CONCLUSION OF LAW 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 lumbar spine disability, a cervical spine disability, right upper extremity disability, left lower extremity radiculopathy, and right lower extremity radiculopathy, and entitlement to a TDIU 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 in the U.S. Army from July 1979 to July 1982. The Veteran died in August 2021. These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions in August 2014 and October 2014 by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Jurisdiction of the case is now before the RO in Salt Lake City, Utah. The Veteran testified before a Decision Review Officer at an August 2017 RO hearing. A transcript of this hearing is of record. In May 2019, the Board, in pertinent part, remanded the issues on appeal for additional development. Dismissal 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 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 LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Journet Shaw, 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.