Citation Nr: 22014515 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 11-31 755A DATE: March 14, 2022 ORDER The appeal for entitlement to service connection for a low back disorder is dismissed. The appeal for entitlement to service connection for dysphagia is dismissed. The appeal for entitlement to service connection for a liver disorder is dismissed. The appeal for entitlement to service connection for a right leg/lower extremity disorder is dismissed. The appeal for entitlement to service connection for a left leg/lower extremity disorder is dismissed. The appeal for service connection for a right foot disorder is dismissed. The appeal for service connection for a left foot disorder is dismissed. The appeal for entitlement to service connection for a respiratory disorder is dismissed. The appeal for entitlement to service connection for a sleep disorder is dismissed. The appeal for entitlement to a temporary total rating under 38 C.F.R. § 4.30 for right hand Dupuytren's contracture is dismissed. The appeal for entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) from July 1, 2012, is dismissed. The appeal for entitlement to a rating in excess of 20 percent for bilateral hearing loss is dismissed. FINDING OF FACT In February 2022, the Board received notification that the Veteran passed away in February 2022. CONCLUSION OF LAW Due to the death of the appellant, the Board has no jurisdiction at this time to adjudicate the merits of the claims for entitlement to service connection for a low back disorder, dysphagia, liver disorder, right leg/lower extremity disorder, left leg/lower extremity disorder, right foot disorder, left foot disorder, respiratory disorder, and sleep disorder; a temporary total rating under 38 C.F.R. § 4.30 for right hand Dupuytren's contracture; a TDIU from July 1, 2012; and a rating in excess of 20 percent for bilateral hearing loss. See 38 U.S.C. § 7104 (2012); 38 C.F.R. § 20.1302 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1976 to September 1979, October 1984 to December 1984 and November 1990 to September 1991, to include service in the Southwest Asia theatre of operations from December 1990 to August 1991. He also had reserve service. These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board last remanded these matters in April 2021. Unfortunately, the appellant passed away during the pendency of the appeal. As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). Therefore, this appeal on the merits has become moot by virtue of the death of the appellant and 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. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. C. Birder 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.