Citation Nr: 22015582
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 16-57 852
DATE: March 18, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

In February 2018, the Board was notified that the Veteran died in January 2018.

CONCLUSION OF LAW

Because of the Veteran's death, 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 served on active duty from October 1955 to March 1959.

Unfortunately, the Veteran died during the pendency of this appeal.  As a matter of law, Veterans' 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 allowing for an eligible person to take the Veteran's place in his appeal 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).  That time has now expired.  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.

Prior to the expiration of time, the Appellant, in January 2018, requested to be substituted for the Veteran, but did not file a VA Form 21P-0847.  In January 2020 the Board informed the appellant that a formal request for substitution could not be found.  In April 2020 VA contacted the appellant to clarify the nature of her relationship to the deceased Veteran.  The appellant identified herself as the daughter-in-law of the Veteran and explained she had been assisting the Veteran with his claims while he was alive.  She was informed that she was ineligible to be substituted and she indicated that she would communicate with her spouse regarding the claims.  There has been no further action to by any other appellant that is eligible for substitution, and as the time period for substitution has passed, the Board finds the appeal must be dismissed.

 

Jack S. Komperda

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. McLeod

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.