Citation Nr: 21064159 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 18-23 842 DATE: October 19, 2021 ORDER Service connection for a bilateral elbow disability is dismissed. Service connection for a cervical spine disability is dismissed. Service connection for a thoracic spine disability is dismissed. Service connection for a bilateral wrist disability is dismissed. Service connection for a bilateral hip disability is dismissed. Service connection for a bilateral knee disability is dismissed. Service connection for chronic bronchitis is dismissed. Service connection for a lumbar spine disability is dismissed. Service connection for a bilateral ankle disability is dismissed. Entitlement to increased ratings for a right shoulder disability, rated noncompensable prior to February 28, 2018; and 20 percent disabling prior to August 31, 2018, is dismissed. FINDING OF FACT On September 13, 2021, the Board was notified by the Department of Veterans Affairs (VA) Regional Office, St. Louis, Missouri, that the appellant died in August 2021. 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 FINDINGS AND CONCLUSIONS The Veteran served on active duty from June 1980 to October 1983, and served in the Army National Guard from December 1978 to March 1979, and from August 2006 to May 2007. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). These matters were remanded in July 2019 for further development. Unfortunately, the appellant died during the pendency of the appeal. See Report of Death. 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 D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Prem, 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.