Citation Nr: 21069936
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 13-25 533A
DATE: November 22, 2021

ORDER

The appeal as to whether a timely substantive appeal was filed with respect to the May 2010 VA decision that denied basic eligibility for entitlement to Filipino Veterans Equity Compensation (FVEC) is dismissed.

FINDING OF FACT

In November 2020, the Board was notified that the appellant died in May 2016.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the issue of whether a timely substantive appeal was filed with respect to the May 2010 VA decision that denied basic eligibility for entitlement to Filipino Veterans Equity Compensation at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant asserted that he served as a member of the Commonwealth Army of the Philippines, including the recognized guerrillas, in the service of the Armed Forces of the United States.

Unfortunately, the appellant passed away in May 2016 during the pendency of the appeal as to whether a timely substantive appeal was filed with respect to the May 2010 VA decision that denied basic eligibility for entitlement to Filipino Veterans Equity Compensation (FVEC).  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.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the appellant.  38 C.F.R. § 20.1106.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.