Citation Nr: 21069232
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 19-31 245
DATE: November 17, 2021

ORDER

Whether the reduction in evaluation of coronary artery disease (CAD) status post myocardial infarction from 60 percent to 10 percent, effective February 1, 2018, was proper is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

The Agency of Original Jurisdiction (AOJ) was notified that the Veteran 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

The appellant served on active duty from June 1968 to April 1971. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision by a Department of Veterans Affairs Regional Office (RO).

Unfortunately, the appellant 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 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.

(Continued on the next page)

 

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

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lamb, 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.