Citation Nr: 21074196
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 18-50 654
DATE: December 14, 2021

ORDER

Entitlement to service connection for tinnitus is dismissed.

Entitlement to a compensable rating for bilateral hearing loss is dismissed.

FINDING OF FACT

On November 18, 2021, the Board was notified that the appellant died in November 2021.

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, who is the appellant, died during the pendency of the appeal.  As a matter of law, appellants' 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).  Therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or any derivative claim brought by a survivor of the Veteran.  38 C.F.R. § 20.1106.  The Board's dismissal of this appeal does not affect the right of an eligible person to request to be substituted as the appellant for purposes of processing the claim to completion.  Such a request must be filed not later than one year after the date of the appellant'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. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).  Please see https://benefits.va.gov/BENEFITS/factsheets/general/ Accrued.pdf for a helpful factsheet that explains who is eligible for accrued benefits.

A request for substitution may be filed using 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:

(Continued on the next page)

 

Department of Veterans Affairs

Pension Intake Center

PO Box 5365

Janesville, WI 53547-5365

There is also the option of submitting the form directly at the nearest VA regional office.   The location of the nearest VA regional office may be found at: https://www.va.gov/find-locations/?facilityType=benefits.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven D. Najarian, 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.