Citation Nr: 22016003
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 17-40 159
DATE: March 21, 2022

ORDER

The appeal of entitlement to service connection for cause of death is dismissed.

The appeal of entitlement to accrued benefits for the purpose of establishing eligibility to special monthly compensation based on aid and attendance/housebound is dismissed.

The appeal of entitlement to accrued benefits for the purpose of establishing eligibility to service connection for posttraumatic stress disorder and depression is dismissed.

The appeal of entitlement to accrued benefits for non-service-connected pension is dismissed.

The appeal of entitlement to service-connected burial allowance is dismissed.

The appeal of entitlement to non-service-connected burial allowance is dismissed.

FINDING OF FACT

On November 2021, the Board was notified that the appellant died in August 2020.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of these claims at this time.  38 U.S.C. § 7104 (a) (2012); 38 C.F.R. § 20.1302 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty in the United States Army from December 1943 to November 1945 including combat service in Europe.  He died in June 2016.  The appellant was his surviving spouse.

Unfortunately, the appellant died during the pendency of this appeal, in August 2020.  The Board was notified of the appellant's death in November 2021.  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 appellant'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.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H.S. Yun, Associate 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.