Citation Nr: AXXXXXXXX
Decision Date: 05/28/21 Archive Date: 05/28/21
DOCKET NO. 200318-72247
DATE: May 28, 2021
ORDER
The appeal of entitlement to payment or reimbursement for the cost of medical services from Regents of University of Michigan (Michigan Medicine) commencing on October 28, 2019 is dismissed.
FINDING OF FACT
In December 2020, the Board was notified that the Veteran died in December 2020.
CONCLUSION OF LAW
Due to the death of the Veteran the Board has no jurisdiction to adjudicate the merits of this appeal. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
Dismissal
The Board acknowledges that the Veteran's wife has filed a claim for survivor benefits. See VA letters dated December 2020 and January 2021. However, the Regional Office has not yet ruled on substitution.
Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, Veterans' claims do not survive their deaths. This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.
In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.
The Board's dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the Veteran's death. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title...." 38 U.S.C. § 5121A; see 38 C.F.R. § 3.1010(a). An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated. 38 C.F.R. § 3.1010(b).
H.M. WALKER
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board T. Talamantes, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.