Citation Nr: 21072742 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 17-58 055 DATE: December 6, 2021 ORDER The appeal is dismissed. FINDING OF FACT In November 2021, the Department of Veterans Affairs (VA) was notified that the Veteran died in October 2021, as verified by the Social Security Administration (SSA). CONCLUSION OF LAW Due to the death of the Veteran, the Board of Veterans' Appeals (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 served on active duty from January 1962 to May 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued in December 2016, January 2017, and July 2017 by a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran and his spouse testified at a Board hearing before the undersigned Veterans Law Judge. 1. Whether new and material evidence has been received in order to reopen a claim of entitlement to service connection from for a lumbar spine disorder, to include status post lipoma extraction. 2. Entitlement to service connection for hypertension. 3. Entitlement to service connection for lipoma of the back of the neck. 4. Entitlement to service connection for a stab wound to the right arm. 5. Entitlement to an initial rating in excess of 10 percent for right ankle fracture with bursitis. 6. Entitlement to an initial rating in excess of 10 percent for traumatic deviated nasal septum. 7. Entitlement to a compensable rating for status post stab wound to the left elbow. 8. Entitlement to a rating in excess of 40 percent for chronic prostatic-urethritis. 9. Entitlement to a compensable rating for scar of the right postero-lateral chest wall, status post stab wound, including the 10th rib. 10. Entitlement to a rating in excess of 10 percent for post-operative bilateral inguinal hernia repair residuals. 11. Entitlement to a total disability rating based on individual unemployability. Unfortunately, the Veteran, who is the appellant in this case, died during the pendency of the appeal. Specifically, in November 2021, VA was notified that he died in October 2021, as verified by SSA. 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. 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 A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Breckenridge 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.