Citation Nr: 21076304
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 10-04 434A
DATE: December 23, 2021

ORDER

Entitlement to compensation pursuant to 38 U.S.C. § 1151 for a heart disorder caused by surgical treatment by the VA Medical Center (VAMC) in Ann Arbor, Michigan is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities prior to September 27, 2011 is dismissed.

FINDING OF FACT

A November 2021 Report of First Notice of Death (VA Form 27-0820a) indicates that the Veteran died in November 2021. 

CONCLUSION OF LAW

Due to the death of the Veteran, 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 1979 to September 1981.

This matter comes before the Board of Veterans' Appeals (Board) following June 2017, March 2019 and March 2021 Remands.  This matter was originally on appeal from February 2008 and March 2012 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO)

1. Entitlement to a compensation pursuant to 38 U.S.C. § 1151 for a heart disorder caused by surgical treatment at the VAMC in Ann Arbor, Michigan is dismissed. 

2. Entitlement to a TDIU due to service-connected disabilities prior to September 27, 2011 is dismissed. 

Unfortunately, the appellant died during the pendency of the 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).  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

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Susan Leary

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.