Citation Nr: 25014635
Decision Date: 12/08/25	Archive Date: 12/08/25

DOCKET NO. 19-38 398
DATE: December 8, 2025

ORDER

The appeal concerning the issue of entitlement to an increased disability rating for chronic obstructive pulmonary disease (COPD) is dismissed.

FINDING OF FACT

In October 2025, the Veteran died while this appeal was pending before the Board of Veterans' Appeals (Board).

CONCLUSION OF LAW

Due to the death of the Veteran, the criteria for the dismissal of this appeal have been met. 38 U.S.C. § 7104; 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active-duty service in the Marine Corps from November 1970 to November 1976. 

This matter is on appeal from an April 2018 rating decision of the Agency of Original Jurisdiction (AOJ).

Unfortunately, the Veteran died during the pendency of the appeal. Therefore, as a matter of law, the Board cannot issue a decision on the underlying claim(s) at this time and must dismiss this appeal. 38 C.F.R. § 20.1302(a).

The Board's dismissal does not affect the right of an eligible person to take the Veteran's place to continue the appeal on the pending claim. This process, known as substitution, must be requested within one year of the Veteran's death. 38 C.F.R. § 3.1010(a), (b). Individuals who may be eligible for substitution include the Veteran's surviving spouse, dependent children, dependent parents, and those who bore the expenses of last sickness or burial. 38 C.F.R. §§ 3.1000(a), 3.1010(a).

In this case, no one has requested to substitute for the Veteran. Any person who would like to request substitution must submit a VA Form 21P-0847, "Request for Substitution of Claimant Upon Death of Claimant." The form and filing instructions are available online at https://www.va.gov/find-forms/. If the AOJ receives a request for substitution within one year of the Veteran's death and then grants the request, this dismissed appeal will resume its place on the Board's docket. 38 C.F.R. § 20.1302(a).

 

 

L.M. YASUI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Wonderling, Gabriel

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.