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Board of Veterans' Appeals · Legacy series

The Veteran's appeal of the denial of service connection for a sleep disorder other than obstructive sleep apnea, to include insomnia, is dismissed.

January 30, 2026Citation Nr. 26001423Docket 19-01 689va.gov source

  • service connection for a sleep disorder other than obstructive sleep apnea, to include insomniaDismissed

Board reasoning

The Board dismisses the appeal due to the death of the Veteran, which divests the Board of jurisdiction over the underlying claim. Substitution is possible for eligible individuals, but no one has filed for substitution within the one-year period; if a substitution is requested and granted, the dismissed appeal may resume on the docket.

Citation Nr: 26001423 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 19-01 689 DATE: January 30, 2026 ORDER The Veteran's appeal of the denial of service connection for a sleep disorder other than obstructive sleep apnea, to include insomnia, is dismissed. FINDING OF FACT The Veteran died in August 2025. CONCLUSION OF LAW Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1976 to August 1980. This case comes to the Board from a December 2016 decision of the Agency of Original Jurisdiction (AOJ). Since then, the Board remanded this appeal several times for further development, most recently in August 2024. Unfortunately, the Veteran died during the pendency of the appeal in August 2025. Therefore, as a matter of law, the Board cannot issue a decision on the underlying claim 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. 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). DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Nye, 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.