Citation Nr: 21068109
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 20-13 541
DATE: November 9, 2021

ORDER

The appeal as to the claim of entitlement to an initial disability rating in excess of 10 percent for limitation of flexion of the right hip, residuals, status post right hip fracture and surgery with open reduction and internal fixation (ORIF) and flail joint, is dismissed.

The appeal as to the claim of entitlement to a compensable initial disability rating for limitation of extension of the right hip, residuals, status post right hip fracture and surgery with ORIF and flail hip joint, is dismissed.

The appeal as to the claim of entitlement to a compensable initial disability rating for impairment of the right thigh, residuals, status post right hip fracture and surgery with ORIF and flail hip joint, is dismissed.

The appeal as to the claim of entitlement to a compensable initial disability rating for bilateral hearing loss, is dismissed.

FINDING OF FACT

On October 13, 2021 the Board was notified that the Veteran passed away 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 FINDING AND CONCLUSION

The Veteran had honorable active duty service in the United States Navy from November 1979 to November 1992.  He received the Southwest Asia Service Medal with Bronze Star, among other notable commendations. 

These matters come before the Board of Veterans' Appeals (Board) from an August 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran passed away during the pendency of this 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.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Hart, 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.