Citation Nr: 22036729
Decision Date: 06/27/22	Archive Date: 06/27/22

DOCKET NO. 14-27 742
DATE: June 27, 2022

ORDER

The appeal as to whether the reduction in the appellant's pension benefits effective January 1, 2012, was proper is dismissed.

FINDING OF FACT

1. In August 2020, the Board was notified that the appellant died in February 2016.

CONCLUSION OF LAW

1. 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 FINDINGS AND CONCLUSIONS

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 8, 2013 decision letter that reduced the appellant's survivor pension benefits effective January 1, 2012, due to an increase in her social security income.

Unfortunately, the appellant died during the pendency of this appeal.  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), 7105(d)(5); 38 C.F.R. §§ 20.101, 20.1302.

There are, however, provisions in place to allow for an eligible person to take the claimant's place in her 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 claimant'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.

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	O. Halpern

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.