Citation Nr: A21020093
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 190722-25221
DATE: December 16, 2021

ORDER

Entitlement to service connection for myelodysplastic syndrome is dismissed.

Entitlement to service connection for chest cavity pain related to a hanger door accident is dismissed.

FINDING OF FACT

On May 12, 2021, the Board was notified by the Department of Veterans Affairs (VA) Regional Office that the appellant died in May 2021.

CONCLUSION OF LAW

Due to the Veteran's death, 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 had active service from June 1955 to May 1957 and from February 1958 to June 1978.  

This case is before the Board of Veterans' Appeals (Board) from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran appeared before a Veterans' Law Judge (VLJ) oat an October 2016 hearing. 

January 2021 notice was sent to the Veteran with regard to the unavailability of the VLJ who presided over that hearing (01/29/2021 BVA Letter). A request for another hearing was not received within 30 days of that letter. 

Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, appellants' claims do not survive their deaths. As such, 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, VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant," may be used.  This 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, the completed form can be mailed to:

Department of Veterans Affairs

Pension Intake Center

PO Box 5365

Janesville, WI 53547-5365

The form may also be submitted directly to the nearest VA regional office.  To find a nearby VA regional office, visit 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

The record here appears to include a request for substitution that was not legible. August 18, 2021 correspondence from VA requested the document be resubmitted (08/18/2021	Subsequent Development Letter). The request for substitution was resubmitted in September 2021, however, to date, a substitution determination has not been made. As such, the claims must be dismissed.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.  

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. A. Myers

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.