Citation Nr: 18160369 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 12-33 168 DATE: December 26, 2018 REMAND The claim of entitlement to an increased rating for an unspecified anxiety disorder, evaluated as 50 percent disabling is remanded. The claim of entitlement to a total disability evaluation based on individual unemployability due to service connected disorders is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1970 to March 1973. He died in October 2018. The appellant is the Veteran’s surviving widow. In October 2018, the appellant filed a claim to be substituted for the Veteran as the claimant for the above cited issues. The RO has yet to adjudicate that petition, and the Board does not have the authority to adjudicate that request in the first instance. Hence, this case must be remanded. Accordingly, this case is REMANDED for the following action: Issue a decision adjudicating whether the appellant meets the basic eligibility requirements to substitute for the Veteran with regard to the pending claims listed above. If the basic eligibility requirements are met, send the appellant appropriate notice with respect to her status as a substituted party, clearly indicating that VA recognizes her as the substituted party. If the basic eligibility requirements are not met, inform the appellant of this in a correspondence other than a supplemental statement of the case. DEREK R. BROWN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Carrie Ferrando
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