Citation Nr: 22018397
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 18-44 239
DATE: March 29, 2022

ORDER

Whether new and material evidence has been received to reopen the previously denied service connection claim for tinea pedis (claimed as skin rash) is dismissed.

Entitlement to service connection for bilateral hearing loss is dismissed. 

Entitlement to a disability rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is dismissed.

FINDING OF FACT

In January 2022, the U.S. Department of Veterans Affairs (VA) was notified that the Veteran had died earlier that month.

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 March 1969 to November 1970.

These matters come before the Board of Veterans' Appeals (Board) from a March 2017 rating decision by the VA Regional Office (RO).

Unfortunately, the Veteran died in January 2022.  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 RO.  To find a VA RO nearest you, visit: 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

 

 

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.