Citation Nr: 21065409 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 17-21 072 DATE: October 26, 2021 ORDER Entitlement to a rating in excess of 50 percent for post-traumatic stress disorder (PTSD) for the period from February 19, 2016 to March 31, 2021, and in excess of 70 percent, thereafter is dismissed. FINDINGS OF FACT On October 18, 2021 the Board was notified by the Department of Veterans Affairs (VA) Regional Office, St. Louis, Missouri, that the appellant died in October 2021. CONCLUSIONS 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 March 1989 to June 1994. This matter came before the Board of Veterans Appeals (Board) on appeal from an April 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran and his spouse testified before the undersigned Veteran's Law Judge during a July 2020 hearing. The transcript of the hearing is of record. A July 2020 Board decision dismissed a claim for dependent benefits, reopened a claim for service connection for a lumber spine disorder, granted service connection for sleep apnea, and remanded the issue on appeal for additional development. An August 2021 rating decision increased the Veteran's rating for PTSD from 50 percent to 70 percent effective March 31, 2021. Because higher ratings for this disability are assignable during the relevant period and the Veteran is presumed to seek the maximum available benefit, the issue remains on appeal. See AB v. Brown, 6 Vet. App. 35, 38 (1993). The Board notes that the Veteran's May 2016 Notice of Disagreement (NOD) included the issue of service connection for a lumbar spine disability. However, an August 2021 rating decision granted service connection for degenerative arthritis, spinal stenosis and intervertebral disc syndrome. As this constituted a full grant of the issue on appeal, it is therefore not before the Board. 1. Entitlement to a rating in excess of 50 percent for PTSD for the period from August 10, 2011 to March 31, 2021, and in excess of 70 percent thereafter. 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. In reaching this determination, the Board intimates no opinion as to the merits of the appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. 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 E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Bock 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.