Citation Nr: 21071642
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 19-06 617
DATE: December 1, 2021

ORDER

Entitlement to service connection for laryngeal cancer post treatment, to include as due to exposure to herbicide agents, is dismissed.

Entitlement to service connection for coronary artery disease with triple bypass, to include as due to exposure to herbicide agents, is dismissed.

FINDING OF FACT

On October 27, 2021, the Board of Veterans' Appeals (Board) was notified (as confirmed by the Social Security Administration on November 29, 2021) that the Veteran died in October 2021.

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 had service in the United States Air Force and Air National Guard.  He had active duty service from November 1968 to June 1979, and from November 1983 to November 1993.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2015 rating decision.

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. While the Board observes that an October 2021 letter acknowledged the agency of original jurisdiction's (AOJ's) receipt of an intent to file a claim for survivor benefits, there has been no request to substitute filed yet, and no complete claim has been submitted following the October 2021 letter that could be so construed. 38 C.F.R. § 3.1010(c)(2). 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

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.C. Spragins, 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.