Citation Nr: 21073272
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 17-05 471A
DATE: December 8, 2021

ORDER

The appeal with respect to entitlement to survivors' pension benefits is dismissed.

The appeal with respect to entitlement to service connection for the cause of the Veteran's death is dismissed.

FINDING OF FACT

The appellant died in February 2021, while the current appeal was pending.

CONCLUSION OF LAW

Due to the death of the appellant, 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 served on active duty in the United States Air Force from September 1965 to July 1969.  His decorations included the National Defense Service Medal, the Air Force Good Conduct Medal, and the Air Force Outstanding Unit Award.  Unfortunately, he died in May 2014.  The appellant was his widow.

These matters come to the Board of Veterans' Appeals (Board) on appeal from an October 2014 determination and a March 2016 rating decision issued by the Department of Veterans Affairs (VA) Pension Management Center in Milwaukee, Wisconsin.

In October 2021, after this appeal was certified to the Board, the appellant's attorney notified VA of his intent to withdraw from representation and filed a motion conforming to the requirements of 38 C.F.R. § 20.6.  Good cause having been shown, the motion is granted.  The attorney is included in the case caption for informational purposes only.

Dismissal

Unfortunately, the appellant died during the pendency of the 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 appellant's place in her 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 appellant'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 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Ragheb, 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.