Citation Nr: 21065723
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 16-34 512
DATE: October 27, 2021

REMANDED

Entitlement to service connection for right upper extremity radiculopathy is remanded.

Entitlement to service connection for left upper extremity radiculopathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1967 to June 1969. 

The appeal was previously remanded for additional development in April 2019 and July 2021, for additional development.   

1. Entitlement to service connection for right upper extremity radiculopathy is remanded.

2. Entitlement to service connection for left upper extremity radiculopathy is remanded.

Unfortunately, the record reflects that the appellant may have died during the pendency of this appeal.  

However, this is unclear.

On October 18, 2021, the Agency of Original Jurisdiction (AOJ) was notified of the Veteran's death on September 25, 2021.  An October 20, 2021 Social Security Administration database inquiry confirmed the Veteran's date of death of September 25, 2021.  VACOLS database also indicates that he died.  

However, the claims file also contains a report of VA examination that shows that the Veteran presented for an in-person examination on October 20, 2021, the month after. 

The Board cannot dismiss the present appeal at this time without some official confirmation of death, in light of the above, or proceed on the merits of the appeal, if the Veteran is still living, based on the present inconclusive record.

The matters are REMANDED for the following action:

The AOJ should take action to confirm whether the Veteran has died.

If the AOJ determines that the Veteran is not, in fact, deceased, the case should be returned to the Board, along with any evidence confirming whether he is deceased, for further appellate review. 

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Azizi, T.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.