Citation Nr: 22014499
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 18-22 197
DATE: March 14, 2022

ORDER

Entitlement to service connection for right upper extremity peripheral neuropathy with radiculopathy is dismissed.

Entitlement to service connection for left upper extremity peripheral neuropathy with radiculopathy is dismissed.

Entitlement to service connection for left lower extremity peripheral neuropathy with radiculopathy is dismissed.

Entitlement to service connection for right lower extremity peripheral neuropathy with radiculopathy is dismissed.

 Entitlement to service connection for chronic kidney disease is dismissed.

FINDING OF FACT

In February 2022, while the appeal to the Board was pending and prior to the issuance of a final decision, VA received notice that the Veteran died on January [REDACTED], 2022. 

CONCLUSION OF LAW

Due to the death of the Veteran, 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 had active duty with the U.S. Navy from August 1974 to August 1977, with subsequent service in the Naval Reserves that included active duty for training (ACDUTRA) from June 8 to June 26, 1981.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

Unfortunately, the Veteran passed away during the pendency of the appeal; VA was notified of the Veteran's death in January 2022.  As a matter of law, appellants' claims do not survive their deaths.  See Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996).  By virtue of the death of the appellant, this appeal must be dismissed for lack of jurisdiction.  See 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," located at: https://www.vba.va.gov/pubs/forms/VBA-21P-0847-ARE.pdf.  

The completed form may be submitted electronically via ACCESSVA at: 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 the nearest VA regional office go to https://www.va.gov/find-locations/?facilityType=benefits.

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.

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Baxter

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.