Citation Nr: 23022686
Decision Date: 04/18/23	Archive Date: 04/18/23

DOCKET NO. 19-16 106A
DATE:    April 18, 2023

ORDER

The appeal as to entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder, mood disorder, or not otherwise specified mental health issues, as related to military sexual trauma, is dismissed.

FINDING OF FACT

On April 13, 2023, the Board was notified that the Veteran died in April 2023.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no legal authority to adjudicate the merits of the appeal for entitlement to service connection for an acquired psychiatric disorder, 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 August 1976 to December 1977.

This case is before the Board of Veterans' Appeals (Board) on appeal from an October 2016 Regional Office (RO) rating decision.  In that rating decision, the RO denied service connection for unspecified depressive disorder with anxious distress (claimed as posttraumatic stress disorder).

In February 2023, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge sitting in Washington, DC.  A transcript of her testimony is associated with the claims file. 

Unfortunately, the Veteran died during the pendency of this appeal.  In this regard, the Board received notice that the Veteran died in April 2023.  An April 2023 Social Security Administration (SSA) inquiry confirmed that the Veteran died on April [REDACTED], 2023.  See April 13, 2013, Report of Death. 

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.  Consequently, dismissal without prejudice is required for the claims listed on the title page, which were before the Board at the time of the Veteran's death.  38 C.F.R. § 20.1302 (a).  In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.

There are provisions in place to allow for an eligible person to take the Veteran'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 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 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.

 

 

Frederic P. Gallun

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Labi, 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.