Citation Nr: A25035863 Decision Date: 04/18/25 Archive Date: 04/18/25 DOCKET NO. 210222-137107 DATE: April 18, 2025 ORDER Entitlement to an initial disability rating for degenerative disc disease/arthritis, lumbosacral spine, in excess of 10 percent is dismissed. Entitlement to a compensable evaluation for hypertension is dismissed. Entitlement to a compensable evaluation for mild musculoskeletal strain of the abdominal wall (muscle group XIX) is dismissed. FINDING OF FACT In April 2025, 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 in the United States Army from February 1973 to February 1975. The Veteran also had active duty service in the United States Navy from March 1977 to March 1979, and from December 1981 to December 1983. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2020 rating decision. As this rating decision constitutes an initial decision, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. The record shows that the Veteran initially submitted a February 22, 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), in which the Veteran elected the Direct Review docket. A March 2021 letter later notified the Veteran that the Board had placed his appeal on the Direct Review docket based on the Board appeal option he selected in the VA Form 10182. The Veteran subsequently submitted an April 22, 2021 VA Form 10182 in which he indicated that he wanted to switch dockets to the Evidence Submission docket. 38 C.F.R. § 20.202(c)(2). In a May 25, 2021 letter, the Board notified the Veteran that it had received his April 22, 2021 request to change his VA Form 10182 (Board Appeal) review option received on February 22, 2021. Based on the new Board appeal review option selected by the Veteran, the Board had placed his appeal on the Evidence Submission docket. Thus, the Veteran or his representative had the opportunity to submit evidence within 90 days of the May 25, 2021 letter. 38 C.F.R. § 20.303(b)(2). Therefore, the Board may only consider the evidence of record at the time of the February 2020 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran [or representative] within 90 days of the May 25, 2021 letter. 38 C.F.R. § 20.303. If evidence was associated with the claims file during a period of time when additional evidence was not allowed, the Board may not consider it in a decision that addresses this appeal on the merits. 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 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). GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.C. Spragins, 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.