Citation Nr: 22014056
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 16-11 441A
DATE: March 11, 2022

ORDER

The appeal seeking payment or reimbursement of medical services is dismissed.

FINDING OF FACT

On March 16, 2021, the Board was notified that the Veteran died on March [REDACTED], 2021.

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

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 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.  However, any request to be substituted must be filed within one year of the Veteran's death on March 9, 2021, and that period has elapsed.   

 

Ray Slabbekorn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Woehlke

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.