Citation Nr: 21074280
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 14-12 187A
DATE: December 14, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On July 16, 2019, the Board was notified that the appellant passed away on July 15, 2019. 

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) (2012); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active-duty service with the United States Army from May 2011 to February 2013.  Regrettably, he passed away in July 2019.

Unfortunately, the appellant passed away during the pendency of this 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 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).

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. Whitaker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.