Citation Nr: 22014411
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 20-04 443A
DATE:  March 12, 2022

ORDER

The appeal for entitlement to an earlier effective date (EED) prior to February 21, 2006, for service connection for pancreatitis and gastritis is dismissed.

The appeal for entitlement to an EED prior to July 11, 2011, for service connection for scars is dismissed.

The appeal for entitlement to an increased rating for pancreatitis and gastritis is dismissed.

The appeal for entitlement to an increased rating greater than 0 percent for scars is dismissed.

The appeal for entitlement to separate evaluations for pancreatitis and gastritis is dismissed.

FINDING OF FACT

In February 2022, during the pendency of his appeal, the Board was notified that the appellant died in February 2022. 

CONCLUSIONS OF LAW

1. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to an earlier effective date (EED) for the grant of service connection for pancreatitis and gastritis at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302).

2. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to an EED for the grant of service connection for scars at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302).

3. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to an increased rating for pancreatitis and gastritis at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302).

4. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to a compensable rating for scars at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302).

5. Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of the appeal for entitlement to separate evaluations for pancreatitis and gastritis at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302).

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran, who was the appellant in this case, served in the United States Army from July 1973 to July 1977, from January 1982 to January 1985, with additional service in the Army Reserve.

Unfortunately, the appellant died during the pendency of the 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.

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

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Black, Jeffrey W.

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.