Citation Nr: A21020174
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 210528-162787
DATE: December 17, 2021

ORDER

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

FINDING OF FACT

On November 3, 2021, the Board was notified that the Veteran died in November 2021.

CONCLUSION OF LAW

The criteria for dismissal on the issue of entitlement to TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the Army from January 1969 to January 1971.  This matter comes before the Board of Veterans' Appeals on appeal of a December 2020 rating decision issued by a regional office of the Department of Veterans Affairs.  The Veteran submitted a May 2021 notice of disagreement, electing the evidence submission option under the Appeals Modernization Act.  This case has been advanced on the docket pursuant to 38 U.S.C. § 7107(b)(3).  38 C.F.R. § 20.900(c).

1. Entitlement to a TDIU is dismissed.

Unfortunately, the appellant 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.

(continued on the next page)

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

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. C. Schumacher, Associate 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.