Citation Nr: A25035625 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 210803-176023 DATE: April 17, 2025 ORDER The appeal concerning the issues of entitlement to initial disability ratings in excess of 10 percent for service-connected right and left hip sacroiliitis with degenerative joint disease based on limitation of abduction; entitlement to initial compensable disability ratings for right and left hip sacroiliitis with degenerative joint disease based on limitation of flexion and extension; entitlement to initial compensable disability ratings for service-connected right and left knee strain; and entitlement to an effective date prior to January 24, 2019, for the award of service connection for right and left knee strain, is dismissed. FINDING OF FACT In December 2022, the Veteran died while this appeal was pending before the Board of Veterans' Appeals (Board). 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 February 1978 to September 1981. These matters are on appeal are from July 2019 and November 2020 decisions of 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). Here, there is no indication that VA received a request for substitution. The Veteran's daughter, L.M., was identified on his death certificate as the informant. VA was notified by the LA County Department of Medical Examiner that the next of kin (daughter L.M.) had abandoned the Veteran's remains because he did not leave sufficient funds for his burial, and she did not have funds to provide for a private burial. See April 2023 Third Party Correspondence. In January 2023, VA received an application from M.P. seeking entitlement to a burial allowance as the Veteran's daughter, but she checked off that she was not responsible for the Veteran's burial expenses. See January 2023 VA Form 21P-530EZ - Application for Burial Benefits. VA denied the claim in June 2023 as the claimant was not shown to have incurred any burial expenses. See June 30, 2023, Notification Letter. The Board notes that VA also received a claim for entitlement to death pension benefits from M.P. as a surviving child of the Veteran. See January 11, 2023, VA 21-534EZ Application for Dependency and Indemnity Compensation or Death Pension by a Surviving Spouse or Child. The VA Pension Management Center (PMC) denied the claim for survivor's benefits in September 2023. See September 27, 2023, Notification Letter. Lastly, the claims file contains a Veteran Unclaimed Remains Memo dated in October 2023 showing VA determined the Veteran's remains were unclaimed/indigent and eligible for burial allowance. See October 31, 2023, VA Memo. Burial benefits were awarded to the LA County Department of Medical Examiner in November 2023 based on a claim submitted in April 2023. See April 6, 2023, VA Form 21P-530 EZ - Application for Burial Benefits. Accordingly, the appeal is dismissed. Jenna Brant Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Krunic, Susan 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.