Citation Nr: 21067752
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 19-30 006
DATE: November 5, 2021

ORDER

Entitlement to service connection for cervical stenosis with degenerative joint and disc disease, radiculitis and cervicalgia (claimed as neck condition) is dismissed.

Entitlement to service connection for lumbar dextroscoliosis with degenerative disc disease (claimed as back condition) is dismissed.

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

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

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

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

Entitlement to service connection for traumatic brain injury (claimed as head injury and concussion) is dismissed.

FINDING OF FACT

Prior to the promulgation of a Board decision on this appeal, the Board was notified that the Veteran died in September 2021.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeal at this time.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran, who is the appellant in this case, served on active duty from October 1968 to April 1970, including service in the Republic of Vietnam.  His service awards and medals include the Combat Action Ribbon.

This matter comes on appeal before the Board of Veterans' Appeals (Board) from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office.  Unfortunately, the Veteran died during the pendency of the appeal.  See VA Correspondence dated September 24, 2021.

As a matter of law, appellants' claims do not survive their deaths.  Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996).  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 an eligible person to take the Veteran's place in his appeal for purposes of processing the claims to completion.  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 the nearest VA Regional Office, 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

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Farrell, 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.