Citation Nr: 23019587
Decision Date: 03/29/23	Archive Date: 03/29/23

DOCKET NO. 19-16 057
DATE: March 29, 2023

ORDER

The appeal of the denial of service connection for an acquired psychiatric disorder is dismissed.

FINDING OF FACT

The Department of Veterans Affairs (VA) was notified that the Veteran died in February 2023.

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 from June to November 1974.

This matter comes to the Board of Veterans' Appeals (Board) from a March 2018 rating decision issued by the Agency of Original Jurisdiction (AOJ). In February 2022, the Board remanded the appeal for a medical opinion. Unfortunately, the record reflects that the Veteran passed away 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); 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. Please note that only certain persons are eligible for substitution. 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.

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dean, Michael S.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.