Citation Nr: 21071772
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 18-05 758
DATE: December 1, 2021

ORDER

The appeal is dismissed.

FINDINGS OF FACT

1. The Veteran served on active duty from August 1977 to August 1980. 

2. In November 2021, the Board was notified that the Veteran died in January 2020.

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 FINDINGS AND CONCLUSION

The Veteran died during the pendency of this appeal.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal is 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 the 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, use VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant," which can be found online at: https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf.  

The completed form may be submitted electronically via ACCESSVA at https://eauth.va.gov/accessva/?cspSelectFor=dmhs.  

Alternatively, mail the completed form to:

Department of Veterans Affairs

Pension Intake Center

PO Box 5365

Janesville, WI 53547-5365

Or submit the form directly to 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). 

 

A helpful factsheet that explains who is eligible for accrued benefits can be found at: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Yacoub, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.