Citation Nr: 21070477
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 18-08 639
DATE: November 24, 2021

ORDER

The appeal as to the issue of entitlement to a compensable evaluation for a right knee residual scar is dismissed.

The appeal as to the issue of entitlement to service connection for chest trauma is dismissed.

The appeal as to the issue of entitlement to service connection a left knee disability is dismissed.

The appeal as to the issue of entitlement to a compensable evaluation for traumatic brain injury (TBI) is dismissed.

The appeal as to the issue of entitlement to service connection for a right shoulder disability is dismissed.

The appeal as to the issue of entitlement to service connection for a thoracolumbar spine disability is dismissed.

The appeal as to the issue of entitlement to service connection for a cervical spine disability is dismissed.

The appeal as to the issue of entitlement to service connection for a right knee disability is dismissed.

The appeal as to the issue of entitlement to service connection for headaches is dismissed.

The appeal as to the issue of entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is dismissed.

The appeal as to the issue of entitlement to a 10 percent evaluation based on multiple, noncompensable, service-connected disabilities is dismissed.

FINDING OF FACT

On November 11, 2021, the Board was notified that the appellant died in November 2021.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the 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 served on active duty from February 1983 to July 1991.

Unfortunately, the Veteran 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. 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, visit the following website: 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

 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Comninos, Georgio

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.