Citation Nr: 25004537
Decision Date: 04/02/25	Archive Date: 04/02/25

DOCKET NO. 17-37 345
DATE: April 2, 2025

ORDER

The appeal for service connection for hepatitis C is dismissed.

FINDING OF FACT

In March 2025, the Board of Veterans' Appeals (Board) was notified that the Veteran had died in March 2025. 

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 had active service from March 1980 to April 1980.

The Veteran appeared at a February 2022 virtual hearing before the undersigned Veterans Law Judge. The hearing transcript is of record. 

In March 2025, the Board was notified that the Veteran had died in March 2025. 

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 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 claims.  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 Agency of Original Jurisdiction 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).

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kotroco, Emily

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.