Citation Nr: 21068050
Decision Date: 11/08/21	Archive Date: 11/08/21

DOCKET NO. 20-06 252
DATE: November 8, 2021

ORDER

The appeal with respect to entitlement to service connection for stroke is dismissed.

The appeal with respect to entitlement to service connection for colon cancer is dismissed.

The appeal with respect to entitlement to service connection for chronic obstructive pulmonary disease is dismissed.

The appeal with respect to entitlement to service connection for peripheral artery disease is dismissed.

FINDING OF FACT

The Veteran died in September 2021, while the present appeal was pending. 

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans' Appeals (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 in the U.S. Army from March 1968 to January 1970, to include service in Vietnam.  He also had service in the Army National Guard.  His decorations included the National Defense Service Medal and the Republic of Vietnam Campaign Medal.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from December 2017 and June 2018 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office.

Dismissal

Unfortunately, the Veteran died in September 2021, while the current appeal was pending.  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/?facility Type=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.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph T. Leonard, 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.