Citation Nr: A21017785
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 210114-187807
DATE:    November 3, 2021

ORDER

The appeal as to the propriety of the appointment of E.S. as the appellant's fiduciary is dismissed.

FINDING OF FACT

In February 2021, the Board was notified that T.K., the appellant, died in February 2021.

CONCLUSION OF LAW

Due to the death of T.K., the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal. 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 January 1952 to January 1954. The Veteran died in May 2020. The appellant, T.K., was the Veteran's surviving spouse; she died in February 2021.

Prior to the appellant's death, E.S., a professional fiduciary, was designated as the appellant's VA appointed fiduciary in November 2020. 

In January 2021, in response to that appointment, the appellant's son, J.S., submitted a VA Form 10182 Notice of Disagreement (NOD), signed by the appellant and J.S. The NOD shows disagreement with the appointment of E.S. as the VA appointed fiduciary for the appellant and that J.S. requested to be designated as the appellant's fiduciary. 

Unfortunately, the appellant 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.

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.

The Board's dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the appellant's death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b).

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). An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010(b).

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Labi, 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.