Citation Nr: A25035494
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 240919-475377
DATE: April 17, 2025

ORDER

Entitlement to an increased initial rating in excess of 10 percent, for left wrist sprain is dismissed.

Entitlement to an increased rating in excess of 0 percent, for bilateral hearing loss is dismissed.

FINDING OF FACT

On January 27, 2025, the Board was notified that the appellant died in December 2024. 

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the appeals for entitlement to increased ratings for a left wrist sprain and bilateral hearing loss at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

1. Entitlement to an increased initial rating in excess of 10 percent for left wrist sprain

2. Entitlement to an increased rating in excess of 0 percent for bilateral hearing loss

The Veteran served on active duty in the United States Army from May 1974 to February 1976.  These matters are on appeal of August 2024 and September 2024 decisions by the Agency of Original Jurisdiction (AOJ).

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).

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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).

 

 

B. D. WATSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Giaquinto

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.