Citation Nr: 21075411
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 17-43 876
DATE: December 20, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

Prior to promulgating a decision in this appeal, the Board was notified of the Veteran's death on February 11, 2020.

CONCLUSION OF LAW

Due to the Veteran's death and no proper substitution at this time, the Board has no jurisdiction to adjudicate his appeal on its merits. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran honorably served on active duty from September 1969 to June 1971. In an August 2015 Rating Decision, the Regional Office denied his claim for service connection for head injury residuals, strokes, and unspecified mental disorder, which he appealed. Per Veteran's August 2017 request, his case was scheduled for a hearing in February 2020 and then rescheduled for August 2020. Subsequently, the Board was notified of the Veteran's death on February 11, 2020.

As a matter of law, the Veteran's claim does not survive his death, unless he is properly substituted for by an eligible individual who may be able to pursue his appeal on his behalf. 38 U.S.C. § 5121A. Of particular note, a substitution request generally must be filed no later than one year after the date of the Veteran's death, a period which had elapsed on February 11, 2021. 38 U.S.C. § 5121A(a)(1); 38 C.F.R. § 3.1010(b). 

Meanwhile, the record is devoid of any evidence suggesting that the substitution of the Veteran in this appeal had been filed. In this circumstance, any unadjudicated appeal pending at the time of the Veteran's death must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. Accordingly, the appeal is dismissed.

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.