Citation Nr: 25004569
Decision Date: 04/03/25	Archive Date: 04/03/25

DOCKET NO. 12-01 921
DATE: April 3, 2025

ORDER

The appeal seeking (1) entitlement to service connection for a left hand disability, (2) entitlement to service connection for a right hand disability, and (3) entitlement to a total disability rating based on individual unemployability (TDIU), prior to August 31, 2011, is dismissed.

FINDING OF FACT

In January 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 service from December 1973 to March 1975.  This matter comes before the Board of Veterans' Appeals (BVA or Board) from August 2011, November 2013, and November 2016 rating decisions.

The Veteran requested a hearing before the Board.  The requested hearing was conducted in May 2018 by the undersigned Veterans Law Judge.  A transcript is associated with the claims file.

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 claims 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).

The Agency of Original Jurisdiction (AOJ) must decide all requests for substitution in the first instance.  38?C.F.R. §?3.1010(e)(1).  In March 2025, VA received a request for substitution.  To date, the AOJ has not ruled on that request.  If the request for substitution is granted, this dismissed appeal will resume its place on the Board's docket.  38 C.F.R. §?20.1302(a).

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.