Citation Nr: 22014445
Decision Date: 03/12/22	Archive Date: 03/12/22

DOCKET NO. 20-05 667
DATE: March 12, 2022

ORDER

Entitlement to a rating in excess of 30 percent prior to September 13, 2019, and a rating in excess of 50 percent from January 3, 2020, for service-connected posttraumatic stress disorder (PTSD) is dismissed.

FINDINGS OF FACT

1. In March 2022, the VA received notification that the Veteran died in February 2022.

2. The Board lacks jurisdiction to adjudicate the merits of the claim that was in appellate status on the date of the Veteran's death.

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; but see 38 U.S.C. § 5121A.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran service on active duty in the Army from July 1979 to July 1992 and died in February 2022. 

This case comes before the Board of Veterans' Appeals (Board) on appeal rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO).

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

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

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Carter, 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.