Citation Nr: 25005134
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 15-39 466
DATE: April 16, 2025

ORDER

The appeal of the rating assigned for cervical spine degenerative disc disease is dismissed.

FINDING OF FACT

In March 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 November 1972 to December 1980, from September 1991 to February 1999, and from February 1999 to December 2002.

This matter is on appeal from an October 2013 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 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).

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.