Citation Nr: 21068684
Decision Date: 11/12/21	Archive Date: 11/12/21

DOCKET NO. 19-22 880
DATE: November 12, 2021

ORDER

The appeal to reopen a previously denied claim for entitlement to service connection for a right ankle disability is dismissed.

The appeal for entitlement to service connection for a left index finger disability is dismissed.

The appeal for entitlement to an initial rating higher than 10 percent for a left ankle disability is dismissed.

The appeal for entitlement to a rating higher than 10 percent for a left knee disability is dismissed.

The appeal for entitlement to an increased rating for a right knee disability, currently rated as noncompensable for limitation of flexion, prior to May 6, 2019, as 10 percent disabling for limitation of flexion, from May 6, 2019, as 10 percent disabling for limitation of extension, prior to May 6, 2019, and as noncompensable for limitation of extension, from May 6, 2019, is dismissed.

FINDING OF FACT

In October 2021, the Board was notified that the Veteran died in September 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 active service from September 1978 to July 1985.  

This matter comes before the Board of Veterans' Appeals (BVA or Board) from December 2016 and November 2017 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran 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

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Andersen, 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.