Citation Nr: 22018138
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-50 134A
DATE: March 28, 2022

ORDER

Entitlement to compensation for additional disabilities of Dupuytren's contracture in the right hand and arm pursuant to 38 U.S.C. § 1151 is dismissed.

Entitlement to service connection for an acquired psychiatric disorder, to include depression and anxiety, is dismissed.

FINDING OF FACT

On December 6, 2021, the Board was notified that the appellant died in December 2021.

CONCLUSION OF LAW

Due to the death of the appellant, 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 in the United States Air Force from January 1986 to July 1990.

This matter is before the Board of Veterans` Appeals (Board) originally on appeal from a November 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office.

The Veteran also perfected an appeal on other issues that were initially adjudicated by a July 2014 rating decision, and were addressed in a prior Board action in July 2018.  However, those issues were under a different docket number, and not part of the present appeal.

Unfortunately, the Veteran died during the pendency of this appeal in December 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 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).  

Here, the Veteran's daughter submitted a Request for Substitution of Claimant Upon Death of Claimant in January 2022, which remains pending.  This substitution request will be addressed by the Agency of Original Jurisdiction in a separate determination.   See 38 C.F.R. § 3.1010(e). 

 

John Kitlas

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Beach, Julia M.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.