Citation Nr: 21074842 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 03-01 720 DATE: December 16, 2021 ORDER Entitlement to service connection for skin cancer, to include as the result of ionizing radiation exposure for accrued benefits or substitution purposes is dismissed. Entitlement to service connection for a thyroid disorder characterized as hypothyroidism, to include as the result of ionizing radiation exposure for accrued benefits or substitution purposes is dismissed Entitlement to service connection for a leg rash, to include as the result of ionizing radiation exposure for accrued benefits or substitution purposes is dismissed. Entitlement to service connection for the cause of the Veteran's death is dismissed. FINDING OF FACT On December 2, 2021 the Board of Veterans' Appeals (Board) was notified that the Appellant died in October 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 served on active duty from April 1955 to January 1959. The Veteran died in February 2011. The Appellant is his surviving spouse and was granted substitution for purposes of this appeal pursuant to 38 U.S.C. § 5121A. These matters come before the Board on appeal from rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA). In May 2005, the Veteran testified before the undersigned at a Board hearing via video conference. The service connection issues are originally on appeal from an October 2002 rating decision. In a September 2005 decision, the Board denied all three claims of entitlement to service connection. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In January 2007, the Court vacated and remanded the Board's September 2005 decision pursuant to a Joint Motion for Remand submitted by the parties. See January 2007 Joint Motion for Remand; January 2007 Court order. As such, the appeal was returned to the Board for compliance with the instructions set forth in the January 2007 Joint Motion for Remand. In light of those instructions, the Board remanded the case for further development in June 2007. After the case was returned by the RO for further review, the Board issued another decision in September 2008 in which it denied the service connection claims again. The Veteran again appealed this decision to Court. In a December 2009 order, the Court remanded the Board's September 2008 decision in light of another Joint Motion for Remand submitted by the parties. See December 2009 Joint Motion for Remand; December 2009 Court order. In March 2010, the Board remanded the case. Thereafter, the Veteran died, and, as noted, the Appellant was substituted as the claimant in this case and continued the Veteran's appeals. In addition, she perfected an appeal to an October 2011 rating decision which denied service connection for the cause of the Veteran's death which is also on appeal. In February 2018, the Board remanded this matter for further development. Unfortunately, the Appellant died 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 substitute appellant's place in this appeal in order to get a final decision. The request to be substituted must be filed within one year of the substitute claimant's death. 38 C.F.R. § 3.1010(g)(5). 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. . S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Robert Batten 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.