Citation Nr: A24051908 Decision Date: 09/03/24 Archive Date: 09/03/24 DOCKET NO. 220201-216361 DATE: September 3, 2024 ORDER Entitlement to an increased disability rating for left knee instability and lateral tibial subluxation, which is currently 20 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection of left knee instability and lateral tibial subluxation is dismissed. Entitlement to an increased disability rating for left knee strain with degenerative joint disease, which is currently 10 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection of left knee strain with degenerative joint disease is dismissed. The claim for entitlement to individual unemployability is dismissed. Entitlement to an earlier effective date for the grant of eligibility for Dependents' Educational Assistance under 38 USC chapter 35 is dismissed. Entitlement to an increased disability rating for left leg radiculopathy (femoral nerve), which is currently 20 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection for right leg radiculopathy (femoral nerve) is dismissed. Entitlement to an increased disability rating for right leg radiculopathy (femoral nerve), which is currently 20 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection for right leg radiculopathy (femoral nerve) is dismissed. Entitlement to an increased disability rating for left leg radiculopathy (sciatic nerve), which is currently 20 percent disabling, is dismissed. Entitlement to an increased disability rating for right leg radiculopathy (sciatic nerve), which is currently 20 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection for left leg radiculopathy (sciatic nerve) is dismissed. Entitlement to an earlier effective date for service connection for right leg radiculopathy (sciatic nerve) is dismissed. Entitlement to an earlier effective date for service connection for left shoulder painful scar is dismissed. Entitlement to an increased disability rating for left shoulder painful surgical scar, which is currently 10 percent disabling, is dismissed. Entitlement to an increased disability rating for right shoulder painful surgical scar, which is currently 10 percent disabling, is dismissed. Entitlement to an increased disability rating for left shoulder surgical scar, which is currently 0 percent disabling, is dismissed. Entitlement to an increased disability rating for right shoulder surgical scar, which is currently 0 percent disabling, is dismissed. Entitlement to an increased disability rating for left shoulder injury residuals, which is currently 20 percent disabling, is dismissed. Entitlement to an increased disability rating for right shoulder arthritis with rotator cuff injury, which is currently 30 percent disabling, is dismissed. Entitlement to an earlier effective date for service connection for right shoulder painful scar is dismissed. Entitlement to an earlier effective date for service connection for lumbar spine degenerative disc disease with IVDS is dismissed. Entitlement to an increased rating disability for lumbar spine degenerative disc disease with IVDS, which is currently 20 percent disabling, is dismissed. FINDING OF FACT On April 5, 2024, the Board was notified that the Veteran died in April 2024. CONCLUSION OF LAW Due to the death of the Veteran, 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 in the United States Army from July 1973 to June 1983. Unfortunately, the Veteran died during the pendency of this appeal. As a matter of law, Veteran's claims do not survive their deaths. Therefore, this appeal must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104. 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 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. J. B. FREEMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Pulaski, Michael F. 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.