Citation Nr: 21067834
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 16-03 615
DATE: November 5, 2021

ORDER

The appeal as to the issue of service connection for erectile dysfunction is dismissed.

The appeal as to the issue of service connection for sleep apnea is dismissed.

The appeal as to the issue of service connection for irritable bowel syndrome is dismissed.

FINDINGS OF FACT

1. The Veteran in this case served on active duty from January 1969 to August 1970.

2. On November 4, 2021, the Board of Veterans' Appeals (Board) was notified by the U.S. Social Security Administration (SSA) that the Veteran died in October 2021.

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 FINDINGS AND CONCLUSION

The Veteran, who was the appellant, had active service from January 1969 to August 1970.  This matter came before the Board on appeal from a June 2014 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.

Unfortunately, the Veteran died during the pendency of this appeal.  On November 4, 2021, the Board was notified by SSA that the Veteran died in October 2021.  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 the 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."  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.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Blowers, 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.