Citation Nr: 25005374
Decision Date: 04/22/25	Archive Date: 04/22/25

DOCKET NO. 19-06 850
DATE: April 22, 2025

ORDER

Entitlement to payment or reimbursement for the cost of medical services received from Dr. D. at the Acute Rehabilitation Unit on December 18, 2016, is dismissed.  

Entitlement to payment or reimbursement for the cost of medical services received from Dr. B. at The Villa at the Bay on December 20, 2016, is dismissed.

Entitlement to payment or reimbursement for the cost of medical services received from Dr. B. at The Villa at the  Bay on December 29, 2016, is dismissed.

FINDING OF FACT

In October 2022, 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.

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REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1953 to April 1955.

These matters are before the Board on appeal from a decision of the Veterans Health Administration (VHA).  

The case was previously before the Board in November 2019 when it was remanded for further development.  

The November 2019 remand noted that the Veteran's daughter assisted him with his claim.  However, as the record did not contain a finding that the Veteran was incompetent or that the daughter was a fiduciary on his behalf, the Veteran was listed as the appellant.

1. Entitlement to payment or reimbursement for the cost of medical services received from Dr. D. at the Acute Rehabilitation Unit on December 18, 2016, is dismissed.  

2. Entitlement to payment or reimbursement for the cost of medical services received from Dr. B. at The Villa at the Bay on December 20, 2016, is dismissed.

3. Entitlement to payment or reimbursement for the cost of medical services received from Dr. B. at The Villa at the  Bay on December 29, 2016, is dismissed.

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 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).  

The Board notes that nonrecurring reimbursements, such as the benefit sought in this case, are not payable to a substitute. See Pappalardo v. Brown, 6 Vet. App. 63 (1993) (one-time payment for assistance for specially adapted housing does not qualify as "periodic monetary benefit" and is not payable as accrued benefit after veteran's death).  There is also no indication that VA received a request for substitution.  

Accordingly, the appeal is dismissed.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Marenna, 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.