Citation Nr: 22011445
Decision Date: 03/01/22	Archive Date: 03/01/22

DOCKET NO. 18-36 945
DATE: March 1, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

In January 2022, the Board of Veterans' Appeals (Board) was notified that the appellant had died in March 2020.

CONCLUSION OF LAW

Due to the death of the appellant, 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 served on active duty from April 1946 to June 1966.  He passed away in March 2005.  The appellant in this appeal was the Veteran's surviving spouse.  The current appeal for entitlement to payment of death (survivor's) pension benefits, with aid and attendance, comes before the Board on appeal from a July 2017 decision by a Department of Veterans Affairs (VA) Regional Office (RO), which determined that the appellant's net worth was too high to provide for her maintenance without pension benefits.  

The appellant was scheduled to appear for a Board hearing before a Veterans Law Judge. Unfortunately, however, the appellant passed away before her hearing could be held. As a matter of law, appellants' claims do not survive their deaths. Thus, this appeal must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

Certain provisions allow for an eligible person to take an appellant's place in an appeal in order to get a final decision.  This process is called substitution.  Requests for substitution, however, must be filed within one year of an appellant's death.  38 C.F.R. § 3.1010(b).  Such requests may be filed on VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant," which is found online at: https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf. 

Only certain persons are eligible for substitution, including "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).  A helpful factsheet that explains who is eligible for accrued benefits is available here: https://benefits.va.gov/BENEFITS/factsheets/general/Accrued.pdf. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.