Citation Nr: 22051622
Decision Date: 09/10/22	Archive Date: 09/10/22

DOCKET NO. 15-03 001
DATE: September 10, 2022

ORDER

The appeal is dismissed.

FINDING OF FACT

On November 24, 2021, the Board was notified that the appellant died in November 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

Unfortunately, the Veteran died during the pendency of this appeal.  As a matter of law, Veterans' 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).  

In this case, in December 2021, the appellant (P.H.), the son of the Veteran, filed VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant."  In December 2021, the request for substitution was denied as the appellant is not a person eligible for substitution.  See 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. 

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.W. Kreindler, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.