Citation Nr: A25035332
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 241022-485155
DATE: April 16, 2025

ORDER

The appeal concerning the issue of entitlement to service connection for unspecified depressive disorder is dismissed.

FINDING OF FACT

In November 2024, the Veteran died while this appeal was pending before the Board of Veterans' Appeals.

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-duty service from January 1972 to October 1973. 

This matter is before the Board of Veterans' Appeals (Board) on appeal of the September 2024 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

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(s) 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(s). 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 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).

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.