Citation Nr: A21020020
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 190703-10878
DATE: December 15, 2021

ORDER

Service connection for hepatitis A is dismissed due to the Veteran's death.

Service connection for low back condition is dismissed due to the Veteran's death.

Service connection for right foot condition is dismissed due to the Veteran's death.

Service connection for left foot condition is dismissed due to the Veteran's death.

Evaluation of bilateral sensorineural hearing loss, which is currently 0 percent disabling, is dismissed due to the Veteran's death.

Service connection for right lower extremity neuropathy is dismissed due to the Veteran's death.

Service connection for posttraumatic stress disorder is dismissed due to the Veteran's death.

Service connection for condition manifested by dizzy spells is dismissed due to the Veteran's death.

Service connection for diabetes mellitus is dismissed due to the Veteran's death.

Service connection for left lower extremity neuropathy is dismissed due to the Veteran's death.

FINDING OF FACT

On November 17, 2021, the Board of Veterans' Appeals (Board) was notified that the Veteran died in June 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

Unfortunately, the Veteran died during the pendency of this 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

 

 

A.	J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lent, Edward

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.