Citation Nr: A21020142
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 200922-111496
DATE: December 16, 2021

ORDER

The appeal is dismissed.

FINDING OF FACT

On January 5, 2021, the Board was notified that the Veteran died in December 2020.

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

The Veteran had active service in the U.S. Army from April 1968 to January 1970.  This matter came before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision.  In April 2019, the Board issued a decision which, in relevant part, denied service connection for ischemic heart disease, a sleep disability, and peripheral neuropathy of all four extremities.  The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court).  In December 2020, the Court issued a memorandum decision which vacated the Board's denial of these claims and remanded them back to the Board for further proceedings.

Unfortunately, while the Veteran died while his appeal at the Court was pending.  As a result, in November 2021, the Court withdrew its December 2020 decision, vacated the April 2019 Board decision with respect to the appealed issues, and dismissed the appeal for lack of jurisdiction.

In August 2021, the Veteran's adult daughter filed a claim for accrued benefits.  However, the Regional Office (RO) denied her claim on the basis that she is not an eligible accrued benefits claimant.  The November 2021 Court order also determined that she is not an eligible substitute for the Court appeal because she is the adult daughter of the Veteran and not a helpless child.

The end result of this process is that the Veteran has passed away, the April 2019 Board decision has been vacated, and the Veteran's daughter is not an eligible substitute.  Therefore, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

To the extent another claimant may seek to be substituted in this case, the request to be substituted must be filed within one year of the Veteran's death.  38 C.F.R. § 3.1010(b).  Because more than one year has passed, substitution is not permitted.  

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shamil Patel, 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.