Page 9 - Desert Oracle November 2021

BVA will continue to dismiss all appeals in cases where the appellant dies
while his or her appeal is pending at BVA. BVA’s dismissal will specifically
note that the dismissal of the appeal does not affect the right of an eligible
person to file a request to be substituted as the appellant for the purposes
of processing the claim to completion. Requests for substitution must be
filed with the Regional Office, which will determine basic eligibility for
substitution in the first instance. The initial eligibility determination would
then be appealable to BVA.
Substitution provides an important advantage over accrued benefits as it
allows a pending claim that may even be in the beginning stages, to be
finished by a substitute claimant. Substitution is also allowed when an
appeal has been filed but not decided.

Michael A. Wilson
Senior National Service officer