Citation Nr: 21068971
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 17-26 229
DATE: November 17, 2021

ORDER

Entitlement to service connection for pes planus is dismissed.

Entitlement to service connection for erectile dysfunction is dismissed.

Entitlement to compensation under 38 U.S.C. § 1151 for a right arm/hand condition is dismissed.

Entitlement to a disability rating in excess of 60 percent for intervertebral disc syndrome (IVDS) of the lumbar spine, to include right lower extremity radiculopathy, is dismissed.

Entitlement to an effective date earlier than October 29, 2013 for entitlement to service connection for IVDS of the lumbar spine, to include right lower extremity radiculopathy, is dismissed.

FINDING OF FACT

In October 2021, the Board of Veterans' Appeals (Board) was notified by the Department of Veterans Affairs (VA) Regional Office (RO), that the appellant died in September 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

1. Entitlement to service connection for pes planus is dismissed.

2. Entitlement to service connection for erectile dysfunction is dismissed.

3. Entitlement to compensation under 38 U.S.C. § 1151 for a right arm/hand condition is dismissed.

4. Entitlement to a disability rating in excess of 60 percent IVDS of the lumbar spine, to include right lower extremity radiculopathy, is dismissed.

5. Entitlement to an effective date earlier than October 29, 2013 for entitlement to service connection for IVDS of the lumbar spine, to include right lower extremity radiculopathy, is dismissed.

The Veteran served on active duty from September 1979 to August 1982.  Unfortunately, he died during the pendency of the 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

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David M. Sebstead, 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.