Citation Nr: 21071436
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 17-51 023
DATE: November 30, 2021

ORDER

The appeal seeking entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), is dismissed.

FINDING OF FACT

In November 2021, the Board of Veterans' Appeals (Board) was notified of the Veteran's death earlier that month.

CONCLUSION OF LAW

Due to the death of the Veteran, 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 served on active duty in the U.S. Army from April 1972 to November 1978. This appeal arose from a December 2016 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO).

Unfortunately, the Veteran died during the pendency of this appeal.  In November 2021, VA was notified of the Veteran's death earlier that month.

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 Veteran. 38 C.F.R. § 20.1106.

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, one 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 which 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

The form can also be directly submitted at the nearest VA regional office.  To find the nearest VA regional office, 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). Information explaining who is eligible for accrued benefits is located at: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf.  

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Middleton, 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.