Citation Nr: 25007202
Decision Date: 05/28/25	Archive Date: 05/28/25

DOCKET NO. 18-11 117
DATE: May 28, 2025

ORDER

The issue of entitlement to service connection for coronary artery disease (CAD) is dismissed.

The issue of entitlement to service connection for a sleep disability 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 served on active duty in the United States Marine Corps from July 1979 to May 1983 and from April 1984 to April 1987. 

This appeal is before the Board under the legacy review system.  The matters were remanded by the Board in September 2024 for further development by a Department of Veterans Affairs (VA) regional office, an agency of original jurisdiction (AOJ), and have returned to the Board for review.

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).

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).

 

 

Paul R. Casey

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.M. Disselkamp

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.