Citation Nr: A25096889
Decision Date: 11/06/25	Archive Date: 11/06/25

DOCKET NO. 251023-590284
DATE: November 6, 2025

ORDER

The appeal with respect to entitlement to service connection for diabetes is dismissed.

The appeal with respect to entitlement to service connection for left foot injury is dismissed.

The appeal with respect to entitlement to service connection for right foot injury is dismissed.

FINDING OF FACT

The Veteran died in October 2025, before the present appeal was filed.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board of Veterans' Appeals (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 U.S. Army from November 1966 to November 1969. His decorations included the National Defense Service Medal. 

This matter comes to the Board on appeal from a September 2025 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. In that decision, the agency of original jurisdiction (AOJ) determined that new and relevant evidence had been submitted with respect to the Veteran's previously denied claims for service connection for diabetes and disabilities of both feet, but denied the claims on the merits. The Veteran's representative timely appealed to the Board by filing a VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)) in October 2025, selecting the hearing review option. 38 C.F.R. §§ 20.201, 20.202(b)(2).

Dismissal

Unfortunately, the Veteran died in October 2025, before the present appeal was filed. 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 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. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moody, Kenneth R.

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.