Citation Nr: 21076794
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 19-37 454
DATE: December 27, 2021

ORDER

Entitlement to service connection for diabetes mellitus, type II, as secondary to service-connected low back disability, is dismissed.

Entitlement to an effective date prior to March 1, 2012 for the award of service connection for right lower extremity radiculopathy is dismissed.

Entitlement to an effective date prior to March 1, 2012 for the award of service connection for left lower extremity radiculopathy is dismissed.

Entitlement to a rating in excess of 10 percent for radiculopathy of the right sciatic nerve is dismissed.

Entitlement to a rating in excess of 10 percent for radiculopathy of the left sciatic nerve is dismissed. 

Entitlement to a rating in excess of 10 percent for radiculopathy of the right anterior crural nerve is dismissed.

Entitlement to a rating in excess of 10 percent for radiculopathy of the left anterior crural nerve is dismissed.

Entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed.

FINDING OF FACT

In September 2021, the Board was notified that the appellant died in August 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 June 1998 to January 2005.

Unfortunately, the Veteran died during the pendency of this appeal in August 2021.    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

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, 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.