Citation Nr: 21068242
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 20-23 453
DATE: November 9, 2021

ORDER

The appeal of the claim for service connection for heart condition is dismissed.

The appeal of the claim for service connection for erectile dysfunction is dismissed.

The appeal of the claim for service connection for peripheral vascular disease, left lower extremity is dismissed.

The appeal of the claim for service connection for peripheral vascular disease, right lower extremity is dismissed.

The appeal of the claim for service connection for lung disease to include chronic obstructive pulmonary disease is dismissed.

FINDING OF FACT

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

CONCLUSION OF LAW

Due to the death of the appellant, 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

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 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.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Asare, 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.