Citation Nr: 21068212
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 18-18 115
DATE: November 9, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In October 2021, the Board was notified that the appellant died in September 2021.

CONCLUSION OF LAW

Due to the death of the appellant, and the lack of an order granting substitution, the Board cannot procedurally 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

Unfortunately, the appellant died during the pendency of this appeal.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal must be dismissed.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.  In reaching this determination, the Board intimates no opinion as to the merits of this appeal.

An appeal pending before the Board of Veterans' Appeals when the appellant dies will be dismissed without prejudice pursuant to 38 C.F.R. § 20.1302.  The Board's dismissal of this appeal does not affect the right of an eligible person to be substituted as the appellant for purposes of processing the claims to completion.  The Board notes that the appellant's spouse filed an application for accrued benefits in October 2021 which should be construed as a request for substitution.  Pursuant to 38 C.F.R. § 3.1010(e), the agency of original jurisdiction (AOJ) will decide in the first instance all requests to substitute, including any request to substitute in an appeal pending before the Board of Veterans' Appeals.  Pursuant to 38 C.F.R. § 20.1302(a), the case will assume its original place on the docket if the AOJ grants the request to substitute.  

 

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Purcell, Amy

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.