Citation Nr: 21076967
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 15-12 262
DATE: December 28, 2021

ORDER

Entitlement to accrued benefits in excess of $3,340.08, is dismissed.

FINDING OF FACT

In March 2020, the Department of Veterans Affairs (VA) Regional Office (RO) was notified that the Appellant, the adult son of the Veteran, died in February 2020, before a decision by the Board was issued on this appeal.

CONCLUSION OF LAW

Due to the death of the Appellant, the Board has no jurisdiction to adjudicate the merits of the claim of entitlement to accrued benefits in excess of $3,340.08, 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 October 1943 to May 1946.  The Veteran died in August 2011.  The Appellant, the Veteran's adult son, filed a claim for accrued benefits in August 2012.  The RO awarded $3,340.08, in accrued benefits in February 2013.  The Appellant appealed the decision, seeking additional benefits.  

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 and/or Appellant'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 Appellant's death.  38 C.F.R. § 3.1010(b).  The Appellant's wife filed a request for substitution within one year of his death; however, her request was denied by the RO in October 2020 and not appealed.  

This appeal on the merits has become moot by virtue of the death of the Appellant and must be dismissed for lack of jurisdiction. 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.