Citation Nr: 22016262
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 19-01 779
DATE: March 21, 2022

ORDER

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is dismissed.

Entitlement to service connection for traumatic brain injury (TBI) is dismissed.

FINDING OF FACT

In January 2022, the Department of Veterans Affairs (VA) was notified that the Veteran had died in December 2021.

CONCLUSION OF LAW

The appeal is dismissed due to the death of the Veteran.  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 August 1979 to August 1982.

These matters come before the Board of Veterans' Appeals (Board) from a September 2018 rating decision by the VA Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge (VLJ) in January 2021, and the transcript of that hearing is of record.  The appeal was then remanded in December 2021 for further development.  Unfortunately, the Veteran  died shortly thereafter.  As a matter of law, appellants' claims do not survive their deaths.  Therefore, this appeal must be dismissed.  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

There is a pending Application for DIC, survivors' pension, and accrued benefits that was received in February 2022 and is being processed by the RO. 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Janofsky, 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.