Citation Nr: 21065401 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 17-50 093A DATE: October 26, 2021 ORDER Entitlement to a disability rating in excess of 20 percent for urinary bleeding is dismissed. Entitlement to a compensable disability rating for status post bladder cancer is dismissed. Entitlement to service connection for actinic keratosis is dismissed. Entitlement to special monthly compensation based on aid and attendance/house bound is dismissed. FINDING OF FACT In April 2018, the Board was notified that the Appellant died in April 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 Introduction At the outset the Board will provide clarification as to first, who the Appellant is in this matter, and second what are the issues on appeal. First, the Appellant is the Veteran's wife, with the initials of M.G. E. The Veteran passed away in December 2016. At the time of his death, he had filed an appeal (a notice of disagreement) to the May 2015 rating decision, specifically appealing four out of the five claims that were denied. He did note his disagreement with the denial regarding service connection for chronic obstructive pulmonary disease (COPD). However, this issue was not addressed in the May 2015 rating decision and had been previously denied in rating decisions dated March 2014 and October 2014; these rating decisions were not appealed. Substitution was granted in August 2017. A statement of the case (SOC) was issued in August 2017. The Appellant timely appealed all four issues adjudicated in the SOC and filed a VA Form 9 in October 2017, requesting a hearing. Unfortunately, the Appellant passed away during the pendency of the appealin April 2018. A review of the file makes clear that the Regional Office (RO) has not proceeded as if the Appellant has passed away. Correspondence dated February 2019, November 2020, and September 2021 are all addressed to the Appellant. There is even a report of contact dated October 2021 illustrating communication between the Appellant and VA about her upcoming hearing. Of note, there is also a letter dated July 2019 that is addressed to the Veteran. Second, the issues on appeal stem from the August 2017 SOC and are listed on the title page. The Board recognizes that in a July 2017 rating decision the RO granted special monthly compensation based on aid and attendance for the Appellant, with an effective date of December 1, 2016the first of the month of the Veteran's death. This decision stemmed from the Appellant's separate claim that was filed in May 2017. As such, this claim is separate and distinct from the pending special monthly compensation based on aid and attendance/housebound that was on appeal at the time of the Veteran's death. Also, of note due to the Appellant's passing, the hearing that was scheduled for October 27, 2021 has been cancelled. Lastly, the Board acknowledges that the daughter of the Veteran and Appellant filed a VA Form 21-0847, Request for Substitution of Claimant upon Death of Claimant in May 2018. Notwithstanding the fact that the filing appears timely under 38 C.F.R. § 3.1010 (g)(5), and that this filing occurred more than three years prior, the Regional Office has not yet ruled on substitution. Dismissal Unfortunately, the Appellant died during the pendency of the 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 Appellant's place in her 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 Appellant's death. 38 C.F.R. § 3.1010(g)(5). 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 H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Talamantes, 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.