Citation Nr: 21069460
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-06 584
DATE: November 18, 2021

ORDER

Entitlement to service connection for hypertensive cardiovascular disease, to include hypertension, is dismissed.

 Entitlement to service connection for a low back disorder, to include myositis and degenerative disc disease of the low back, is dismissed.

Entitlement to service connection for a cervical spine disorder, to include chronic cervical myositis and degenerative disc disease of the cervical spine, is dismissed.

Entitlement to service connection for an acquired psychiatric disorder is dismissed.

Entitlement to service connection for a bilateral shoulder disorder is dismissed.

Entitlement to service connection for a bilateral hip disorder is dismissed.

Entitlement to service connection for a bilateral knee disorder, to include a left knee meniscal tear and bilateral knee arthritis, is dismissed.

Entitlement to service connection for a bilateral ankle disorder is dismissed.

Entitlement to service connection for a bilateral foot disorder is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed.

FINDINGS OF FACT

The Veteran died in September 2021.

CONCLUSIONS OF LAW

Because the Veteran died, the Board has no jurisdiction to adjudicate the merits of the claim. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

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 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

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Christensen

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.