Citation Nr: 21076793 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 15-21 707 DATE: December 27, 2021 ORDER Entitlement to compensation under 38 U.S.C. § 1151 for a cervical spine disorder due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for a thoracolumbar spine disorder due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for bilateral upper extremity peripheral neuropathy due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for bilateral lower extremity peripheral neuropathy due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for a neurogenic bowel due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for a respiratory disorder due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for a neurogenic bladder due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for erectile dysfunction due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for an acquired psychiatric disorder due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for loss of use of left hand due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for special monthly compensation (SMC) due to loss of use of a creative organ due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for loss of use of the bilateral buttocks due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. Entitlement to compensation under 38 U.S.C. § 1151 for SMC for regular aid and attendance or being housebound due to VA medical treatment for the cervical spine on April 12, 2010, and cervical spine surgery in May 2010 is dismissed. FINDING OF FACT On November 19, 2021, prior to promulgating a decision, the Board of Veterans' Appeals (Board) was notified that the Veteran 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 FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1978 to November 1988. The issues were remanded in May 2019 for further development. 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 Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Mitchell, 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.