Citation Nr: 21068475 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 20-04 464 DATE: November 10, 2021 ORDER The appeal for service connection for a left knee condition is dismissed. The appeal for service connection for a right knee condition is dismissed. The appeal to reopen the previously denied claim of service connection for bilateral hearing loss is dismissed. The appeal for service connection for tinnitus is dismissed. The appeal for service connection for a back condition, also claimed as degenerative joint disease, is dismissed. FINDING OF FACT On October 6, 2021 the Board of Veterans' Appeals (Board) was first notified that the Veteran died in September 2021, during the pendency of the appeal. 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 served on active duty from November 1978 to April 1979. This case is on appeal to the Board of Veterans' Appeals from a February 2018 Regional Office (RO) rating decision. In that rating decision, the RO denied claims of service connection for right and left knee conditions, a back condition, and tinnitus; and, confirmed and continued a previous denial of service connection for bilateral hearing loss because the evidence submitted since a March 2016 Board denial of the claim had not been received. The Veteran's Notice of Disagreement (NOD) was received in February 2018. The RO issued a Statement of the Case (SOC) in January 2020, and the Veteran's VA Form 9, substantive appeal to the Board, was received in January 2020. Unfortunately, the Veteran died during the pendency of this appeal. On October 6, 2021, VA was first notified of the Veteran's death on September 30, 2021 in correspondence with his representative. On November 9, 2021, VA received notice of the Veteran's September 30, 2021 death according to records obtained from the Social Security Administration (SSA). In the absence of evidence to the contrary, a finding of fact of death made by another Federal agency will be accepted as proof of death. 38 C.F.R. § 3.211 (g). 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 In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Labi, 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.