Citation Nr: 21066145
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 14-15 974A
DATE: October 28, 2021

ORDER

Entitlement to service connection for hidradenitis suppurativa is dismissed.

Entitlement to service connection for a headache disorder is dismissed. 

Entitlement to service connection for carcinoma of primary cutaneous origin claimed as breast cancer is dismissed.

FINDING OF FACT

On October 4, 2021 the Board was notified that the appellant died in September 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 FINDING AND CONCLUSION

The Veteran served in the Marine Corps from September 1967 to September 1969.

The issues on appeal were previously denied by the Board in October 2020.  The Veteran appealed this decision to the Court of Appeals for Veterans Claims which, in a July 2021 Order, vacated the Board's decision and remanded the appeal for further development and consideration. 

Dismissal of Appeal

Unfortunately, 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 at: 

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

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.

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Vample, Erica