Citation Nr: 21073590
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 17-58 553
DATE: December 9, 2021

ORDER

The appeal of service connection for an acquired psychiatric disorder is dismissed.

The appeal of service connection for diabetes mellitus, type II is dismissed.

The appeal of service connection for erectile dysfunction is dismissed.

The appeal of service connection for chronic kidney disease is dismissed.

The appeal of service connection for peripheral neuropathy of the upper and lower extremities is dismissed.

The appeal of service connection for edema of the lower extremities is dismissed.

The appeal of entitlement to total disability based on individual unemployability is dismissed. 

FINDINGS OF FACT

1. The Veteran served on active duty from October 1971 to January 1972, October 1976 to October 1979, and June 1981 to May 1984.

2. In November 2021, the Board was notified that the Veteran had died.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of these appeals at this time. 38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2021).

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	D. Ragofsky, Associate 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.