Citation Nr: A25035284
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210526-163119
DATE: April 16, 2025

ORDER

The appeal with respect to the issue of entitlement to recognition as the Veteran's surviving spouse for the purpose of receiving dependency and indemnity compensation (DIC), death pension and accrued benefits is dismissed.

FINDING OF FACT

On January 12, 2023, the Board was notified that the appellant died in September 2022.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1986 to March 1988.  He died in December 2018. 

This matter is before the Board following an appeal of a November 2020 rating decision, which constituted a higher level review (HLR) of a September 2019 notification letter, which denied the appellant's claim of entitlement to recognition as the Veteran's spouse for the purpose of receiving DIC, death pension and accrued benefits.

Unfortunately, the appellant 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).

The Board's dismissal does not affect the right of an eligible person to take the appellant's place to continue the appeal on the pending claim.  This process, known as substitution, must be requested within one year of the appellant'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.

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Bilstein, 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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.