Citation Nr: 25014257
Decision Date: 11/24/25	Archive Date: 11/24/25

DOCKET NO. 15-43 427
DATE: November 24, 2025

ORDER

The May 14, 2025 Board decision granting entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected depressive disorder, effective December 19, 2015, and entitlement to special monthly compensation (SMC) based on statutory housebound criteria from December 19, 2015, is vacated.

FINDING OF FACT

The Veteran died on [REDACTED], 2025, prior to the issuance of the May 14, 2025 Board decision. 

CONCLUSION OF LAW

The criteria for vacatur of the May 14, 2025 Board decision are met. 38 U.S.C. § 7104; 38 C.F.R. § 20.1000(a).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from July 1968 to July 1980. Unfortunately, she passed away on [REDACTED], 2024, during the pendency of her appeal.

Vacatur

Board decisions "are to be based on the entire record in the proceeding, with consideration of the evidence and material of record and applicable provisions of law and regulation." 38 U.S.C. § 7104. The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law. 38 C.F.R. §20.1000(a).

Here, due to the death of the Veteran during the pendency of her appeal, the Board had no jurisdiction to adjudicate the merits of the appeal at the time of the May 14, 2025 Board decision. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. As a result, the Board vacates the May 14, 2025 Board decision.  

The Veteran's surviving spouse has been deemed a valid substitute in her appeal; a decision addressing the merits of that appeal will be issued separately.

 

 

M. MILLS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.