Citation Nr: 21068985
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 16-49 993A
DATE: November 17, 2021

ORDER

Entitlement to service connection for bilateral osteoarthritis with hip strain is dismissed.

Entitlement to service connection for low back strain with mild degenerative disc disease is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

Entitlement to service connection for asthma with chronic obstructive pulmonary disease is dismissed.

Entitlement to service connection for bilateral pes valgo planus is dismissed.

FINDINGS OF FACT

1. In November 2021, the VA received notification that the Veteran died in May 2021. 

2. The Board lacks jurisdiction to adjudicate the merits of the claims that were in appellate status on the date of the Veteran's death.

CONCLUSION OF LAW

Due to the death of the appellant, the Board of Veterans' Appeals (Board) has no jurisdiction at this time to adjudicate the merits of the claim for service connection for bilateral osteoarthritis with hip strain, low back strain with mild degenerative disc disease, bilateral hearing loss, asthma with chronic obstructive pulmonary disease, and bilateral pes valgo planus. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; but see 38 U.S.C. § 5121A.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran service on active duty in the Navy from August 1965 to March 1970 and died in May 2021.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.

Unfortunately, the Veteran 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 appellant'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 appellant'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.

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Carter, 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.