Citation Nr: 21067952 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 16-15 694A DATE: November 8, 2021 ORDER Entitlement to service connection melanoma in the right eye (claimed as blurred vision) is dismissed. Entitlement to service connection for a dry eye condition is dismissed. FINDING OF FACT The record contains an October 18, 2021 Report of First Notice of Death, where the Veteran's spouse notified the United States Department of Veterans Affairs (VA) that the Veteran died on October [REDACTED], 2021. This date of death was verified with the Social Security Administration (SSA) on November 3, 2021. CONCLUSION OF LAW Due to the death of the Veteran, the Board of Veterans' Appeals (Board) has no legal authority 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 CONCLUSIONS The Veteran served on active duty from September 1998 to January 2009. In February 2019, the Veteran provided testimony at a Board hearing before the undersigned Veterans Law Judge via videoconference. A copy of the hearing transcript has been associated with the electronic claims file. These matters were previously before the Board in May 2019, where it was determined that the claims should be reconsidered in light of the receipt of relevant service department records, that existed, but were not of record at the time that the claims were previously disallowed in an August 2010 rating decision. Subsequent to this determination, the claims were remanded for further evidentiary development. On October 18, 2021, the Veteran's spouse contacted VA and notified the Department that her husband died on October [REDACTED], 2021. The Veteran's date of death was verified with the SSA on November 3, 2021. 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 due to a lack of legal authority to adjudicate the merits of the appeal at this time. 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 P.O. 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 Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Galante, 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.