Citation Nr: 21067228
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 20-17 179
DATE: November 3, 2021

ORDER

Entitlement to service connection for bladder cancer is dismissed.

Entitlement to service connection for resection of the large intestine (claimed as colon cancer) is dismissed. 

Entitlement to service connection for squamous cell carcinoma, basal cell carcinoma, and actinic keratosis is dismissed.

Entitlement to service connection for peripheral neuropathy of the left upper extremity is dismissed.

Entitlement to service connection for peripheral neuropathy of the right upper extremity is dismissed.

Entitlement to service connection for peripheral neuropathy of the left lower extremity is dismissed.

Entitlement to service connection for peripheral neuropathy of the right lower extremity is dismissed.

Entitlement to Special Monthly Compensation based on a need for the aid and attendance of another, or at the housebound rate is dismissed.

FINDING OF FACTS

Regrettably, the Veteran passed away during the pendency of his appeal.

CONCLUSION OF LAW

Due to the death of the Veteran, 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 on active duty from September 1966 to September 1968. This matter is on appeal from an October 2018 rating decision. The Veteran testified before the undersigned Veterans Law Judge at an April 2021 Board hearing. 

Unfortunately, the Veteran 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 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

 

V. CHIAPPETTA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Yeh, Associate 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.