Citation Nr: 25004035
Decision Date: 03/25/25	Archive Date: 03/25/25

DOCKET NO. 19-20 679
DATE: March 25, 2025

ORDER

The appeal concerning entitlement to service connection for an acquired psychiatric disorder, to include depression, anxiety, and posttraumatic stress disorder (PTSD), is dismissed.

FINDING OF FACT

The Veteran died in February 2025.

CONCLUSION OF LAW

The appeal is dismissed.  38 U.S.C. § 7104; 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 November 1974 to September 1975.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

Unfortunately, the Veteran died in February 2025, during the pendency of this appeal.  Consequently, as a matter of law, the Board cannot issue a decision at this time and must dismiss the 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).

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).

VA has not received a request for substitution at this time.  Accordingly, the appeal is dismissed.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.