Citation Nr: 25005203 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 15-00 298 DATE: April 17, 2025 ORDER The appeal as to the claim of entitlement to service connection for a back condition is dismissed. FINDING OF FACT Before promulgating a decision on appeal, the Board was notified that the Veteran died in December 2024. 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 served on active duty in the United States Army from September 1976 to June 1978. During his period of service, he earned the Expert Badge (Hand Grenade) and Marksman Badge (M-16). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at an October 2018 Board hearing. A transcript of the hearing has been associated with the record. The appeal was previously before the Board in September 2019, at which time the Board, in pertinent part, remanded the issue of entitlement to service connection for a back condition for further development. Following the remand, the Veteran's representative requested another hearing. See Third Party Correspondence, received September 30, 2020. The Board notes that the Veteran's hearing was previously postponed for good cause at the Veteran's request in March 2023, August 2023, September 2023, and February 2024. See BVA Motion to Postpone Hearing, dated May 28, 2024. His Board hearing was most recently scheduled for September 2024; however, he failed to appear. The record does not include additional correspondence regarding a request for postponement or reschedule. If a Veteran fails to appear for a scheduled hearing and a request for postponement has not been received and granted, the case will be processed as though the request for a hearing has been withdrawn. 38 C.F.R. § 20.704(d). Accordingly, the Veteran's request for a hearing is deemed withdrawn. The Board further notes that the Veteran was previously represented by an attorney in this matter. However, in March 2022 the attorney submitted a letter indicating that she was withdrawing as representative "pursuant to the Veteran's request." See Third Party Correspondence, received March 11, 2022. Accordingly, the Board acknowledges the attorney's withdrawal from representation. 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 of entitlement to service connection for a back condition at this time and must dismiss this appeal. 38 C.F.R. § 20.1302(a). In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106. 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). The Board extends its sincere condolences to the Veteran's family. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Tracy O. Joseph, 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.