Citation Nr: 25005462
Decision Date: 04/23/25	Archive Date: 04/23/25

DOCKET NO. 20-00 691A
DATE: April 23, 2025

ORDER

The appeal concerning the issue of entitlement to a rating in excess of 30 percent for depressive disorder (depressive disorder) associated with residuals, total right arthroplasty, is dismissed.

FINDING OF FACT

In March 2025, prior to the promulgation of a decision in this appeal, the Board of Veterans' Appeals (Board) received notification through the First Notice of Death (FNOD) Program that the Veteran passed away on March 22, 2025.

CONCLUSION OF LAW

The criteria for dismissal of the appeal concerning the issue of entitlement to a rating in excess of 30 percent for depressive disorder, have been met. 38 U.S.C. 

§ 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had honorable active-duty service in the United States Air Force from November 1975 to July 1976. The matter is on appeal from a September 19, 2018, rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). See April 22, 2019, Notice of Disagreement.

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).

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 RO 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).

 

 

Christopher Seppanen

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kelly, E. C.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.