Citation Nr: 21069213
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-22 120
DATE: November 17, 2021

ORDER

The appeal for entitlement to service connection for bilateral hearing loss and tinnitus is dismissed.

FINDING OF FACT

On February 8, 2021 the Board was notified that the appellant died in February 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 at the Agency of Original Jurisdiction (AOJ). 38 C.F.R. § 3.1010(b).  A review of the claims file reveals that while a request for substitution has been filed, the AOJ has requested additional information to develop and assess the request for substitution, but has not yet made a decision.  Therefore, dismissal is proper.   

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.M. Edwards, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.