Citation Nr: 21070221
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-21 791
DATE: November 23, 2021

ORDER

The claim of entitlement to service connection for a lumbar spine disability is dismissed.

The claim of entitlement to service connection for a right knee disability is dismissed.

The claim of entitlement to service connection for a left knee disability is dismissed.

The claim of entitlement to service connection for an ear disability is dismissed.

The claim of entitlement to service connection for leg cramps, to include peripheral neuropathy, is dismissed.

The claim of entitlement to service connection for hypertension is dismissed.

The claim of entitlement to service connection for anemia is dismissed.

FINDING OF FACT

In October 2021, the Board was notified by the Department of Veterans Affairs (VA) Regional Office that the Veteran passed away on October 17, 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 Veteran had honorable active duty service with the United States Navy from July 1945 to November 1947 and January 1948 to December 1949.  The instant matter is on appeal from a September 2015 rating decision.  

Unfortunately, the Veteran passed away 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

 

 

S. Sorathia 

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Fisher, 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.