Citation Nr: 25005405 Decision Date: 04/22/25 Archive Date: 04/22/25 DOCKET NO. 13-34 652 DATE: April 22, 2025 ORDER The appeal is dismissed. FINDING OF FACT Prior to the promulgation of a decision, the Board received notification that the Veteran died. 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 September 1981 to October 1981. This matter came before the Board of Veterans' Appeals (Board) on appeal from a January 2012 rating decision. The Veteran testified at a hearing before the undersigned Veterans Law Judge in April 2014. A transcript of that proceeding has been associated with the claims file. The Board remanded the case in July 2015 for further development. The case was subsequently returned to the Board for appellate review. In a November 2017 decision, the Board denied the issues of entitlement to a right foot disorder, a right hip disorder, a low back disorder, and entitlement to a total evaluation based upon individual unemployability due to service-connected disabilities (TDIU). The Veteran then appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In December 2019, the Court granted the parties' Joint Motion for Remand (Joint Motion), vacated the Board's November 2017decision, and remanded the case to the Board in order to provide the Veteran with an opportunity for a second hearing. The Board subsequently scheduled the Veteran for a hearing in November 2020. That hearing was cancelled, and the Veteran's representative requested that it be rescheduled. A hearing was then scheduled in May 2021; however, his representative again requested that the hearing be rescheduled because the Veteran was in a correctional facility. An additional hearing was subsequently scheduled in December 2021. However, on the day of the hearing, his representative appeared before the undersigned Veterans Law Judge and explained that the Veteran was unable to attend because he was currently being treated at a psychiatric inpatient facility. The representative requested that the record be held open for 90 days for submission of written argument in lieu of a hearing. Thereafter, written argument was submitted in March 2022. In a July 2022 decision, the Board denied the issues on appeal. The Veteran appealed that decision to the Court, and in a June 2023 Order, the Court granted the parties' Joint Motion for Remand (Joint Motion) and vacated the Board's July 2022 decision. The Board subsequently notified the Veteran and his representative that they had 90 days to submit evidence and/or argument. However, the Veteran's representative waived the 90-day period, noting that he remained in a mental health facility and wanted a decision as soon as possible. The Board remanded the case in August 2023 to comply with the terms of the July 2023 Joint Remand. The case has since been returned to the Board for appellate review. The Veteran's representative requested another hearing before the Board, which was scheduled in December 2024. However, she submitted a motion to reschedule that hearing and then later cancelled the rescheduled hearing in March 2025. Law and Analysis 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). 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). J.W. ZISSIMOS Veterans Law Judge Board of Veterans' Appeals Zissimos, Jessica 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.