Citation Nr: A21018293 Decision Date: 11/16/21 Archive Date: 11/16/21 DOCKET NO. 210804-176567 DATE: November 16, 2021 ORDER The appeal seeking service connection for bilateral hearing loss is dismissed. FINDING OF FACT According to the Social Security Administration (SSA), the Veteran died in October 2021, before a decision by the Board was promulgated on the matter. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction at this time to adjudicate the merits of his appeal seeking service connection for bilateral hearing loss. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is a Veteran who served on active duty from September 1961 to September 1964. This matter is before the Board of Veterans' Appeals (Board) on appeal from a May 2021 Department of Veterans Affairs (VA) Higher-Level Review (HLR) rating decision. The Veteran timely appealed this rating decision to the Board and requested the Evidence docket option in his August 2021 VA Form 10182 (notice of disagreement). Therefore, the Board's review is limited to evidence on record at the time of the January 2021 rating decision that was the subject of the HLR decision and evidence submitted within 90 days following receipt of the August 2021 VA Form 10182. As the Veteran died during the pendency of the appeal, as a matter of law the appeal does not survive his death. Thus, the appeal must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302; Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). 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, 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 GEORGE R. SENYK Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Chu, 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.