Citation Nr: A25035174
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210818-178792
DATE: April 16, 2025

ORDER

Entitlement to service connection for a right shoulder disability is dismissed.

Entitlement to service connection for a left shoulder disability is dismissed.

Entitlement to service connection for circulation issues disability is dismissed.

FINDING OF FACT

The Veteran died on [REDACTED], 2023, and the Department of Veterans Affairs has not received an application for substitute appellant status.

CONCLUSION OF LAW

Due to the death of the Veteran, and in the absence of an approved substitute appellant, dismissal of the appeal is warranted. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty in the United States Marine Corps from December 1969 to November 1973.  The Veteran also served on active duty in the United States Marine Corps from March 1975 to May 1977.  

In August 2020, the Veteran submitted a claim for service connection for disabilities including bilateral shoulder disabilities and circulation issues.  A Department of Veterans Affairs (VA) Regional Office (RO) originally denied the Veteran's claims in an October 2020 rating decision.  In August 2021, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), electing the Evidence Submission option. As an appeal in which the appellant requested, on the Notice of Disagreement, an opportunity to submit additional evidence without a Board hearing, the Board's decision is based on a review of the evidence of record at the time of the decision on the issues on appeal and evidence submitted by the appellant or his representative with the Notice of Disagreement or within 90 days following receipt of the Notice of Disagreement. 38 C.F.R. 20.303.  The Veteran also listed service connection for diabetes mellitus and tinnitus on his appeal, but they were not adjudicated in the October 2020 Rating Decision and are not before the Board.  See October 26, 2020 letter.

Unfortunately, the Veteran died during the pendency of the appeal on [REDACTED], 2023. 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).

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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).

Here, there is no indication that VA received a request for substitution. Accordingly, the appeal is dismissed.

 

 

RAY BARTO SLABBEKORN, JR.

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Koottappillil, Arun X.

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.