Citation Nr: 21071823
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 19-02 559
DATE:       December 1, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

In November 2021, the Board was notified the Veteran had died 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

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, veterans' claims do not survive their deaths. 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). This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this decision, 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. Provisions allow for an eligible person to take the Veteran's place in the appeal to get a final decisiona process defined as substitution.  A request for such must be filed no later than one year after a veteran'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). Information explaining who is eligible for accrued benefits is located at https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf.

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 at 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, the completed form may be mailed to: 

Department of Veterans Affairs

Pension Intake Center

PO Box 5365

Janesville, WI 53547-5365

The form [located at https://www.va.gov/find-locations/?facilityType=benefits] may also be submitted directly to the nearest VA regional office. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Davidoski, 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.