Citation Nr: A25035504
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 210808-177517
DATE: April 17, 2025

ORDER

The appeal concerning the issues of entitlement to an initial increased rating for posttraumatic stress disorder including entitlement to a total disability rating due to individual unemployability is dismissed.

FINDING OF FACT

In May 2022, 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 served on active duty from December 1977 to December 1980. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in August 2020 by a Department of Veterans Affairs (VA) Regional Office. 

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 instant appeal. 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.

 

 

Nathaniel Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sasha Larie Boersma

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.