Citation Nr: 21063531 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 16-06 965 DATE: October 14, 2021 ORDER The appeal for entitlement to an initial disability rating in excess of 30 percent, prior to August 26, 2019, for an acquired psychiatric disorder is dismissed. FINDING OF FACT In May 2021, notification from the Social Security Administration was associated with the record which documented that the appellant had died in August 2020. 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 appellant had active service from October 1952 to September 1954. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a August 2013 rating decision issued by a Regional Office (RO) the Department of Veterans Affairs (VA). The August 2013 rating decision effectuated a June 2013 Board decision, which granted service connection for acquired psychiatric disorder, specifically depressive disorder. The August 2013 rating decision assigned an evaluation of 30 percent for an acquired psychiatric disorder effective from April 25, 2008. During the pendency of the appeal as to the appellant's disagreement with the initial evaluation assigned for his acquired psychiatric disorder, a September 2019 rating decision granted a 100 percent evaluation, effective August 26, 2019. Thus, the issue on appeal has been characterized as listed above. An August 2018 and March 2019 Board decisions remanded the issue of entitlement to an increased disability rating in excess of 30 percent for an acquired psychiatric condition for further development. Thereafter, in December 2019, the Board denied entitlement to a disability rating in excess of 30 percent, prior to August 26, 2019, for an acquired psychiatric disorder. However, the appellant appealed the Board's December 2019 denial of the claim to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 Memorandum Decision, the Court vacated the Board's denial of the claim as the appellant died before his appeal could be adjudicated and as an eligible party had not filed a request seeking substitution in this appeal as a potential accrued-benefits recipient, and dismissed the appeal for lack of jurisdiction. The case was thereafter returned to the Board for appropriate action to comply with and implement the Court's decision. Unfortunately, as reflected in a May 2021 notification from the Social Security Administration, the appellant died during the pendency of this appeal, specifically in August 2020. Additionally, as discussed above, the June 2021 Memorandum Decision also reflected that 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 M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Espinoza, 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.