Citation Nr: 0600098 Decision Date: 01/04/06 Archive Date: 01/19/06 DOCKET NO. 04-31 730A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Baltimore, Maryland THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel INTRODUCTION The veteran had active military service from December 1967 to December 1969. He died in June 1992. The appellant is his widow. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of a Department of Veterans Affairs (VA) Regional Office (RO), that denied the benefit sought on appeal. A hearing was held in April 2005, at the Board, in Washington, DC, before the undersigned Veterans Law Judge. A transcript of the proceeding is of record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required on her part. REMAND The Veterans Claims Assistance Act of 2000 (VCAA) describes VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2005); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2005). VA is required to notify the claimant of any information, and any medical or lay evidence, that is necessary to substantiate the claim. 38 U.S.C.A. § 5103(a) (West 2002 & Supp. 2005); 38 C.F.R. § 3.159(b) (2005); Quartuccio v. Principi, 16 Vet. App. 183 (2002). Proper VCAA notice must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; (3) that the claimant is expected to provide; and (4) must ask the claimant to provide any evidence in her or his possession that pertains to the claim in accordance with 38 C.F.R. § 3.159(b)(1). VCAA notice should be provided to a claimant before the initial unfavorable RO decision on a claim. Pelegrini v. Principi, 18 Vet. App. 112 (2004); see also Mayfield v. Nicholson, 19 Vet. App. 103 (2005). The claims file does not contain notice to the appellant clearly specifying the type of evidence needed to substantiate her claim of service connection for the cause of the veteran's death, or notice to her clearly delineating whose specific responsibility -- hers or VA's -- it is for obtaining this supporting evidence. Quartuccio; Charles. Thus, further development is in order. Accordingly, this case is REMANDED to the RO for the following development and consideration: 1. Prior to any further adjudication of the claim at issue, review the claims file and ensure that all VCAA notice obligations have been complied with in accordance with 38 U.S.C.A. §§ 5102, 5103, 5103A (West 2002), and any other applicable legal precedent. Compliance requires that the appellant be notified, by letter, of any information, and any medical or lay evidence, not previously provided to VA that is necessary to substantiate her claim. A general form letter, prepared by the RO, not specifically addressing the claim at issue, is unacceptable. The RO also must indicate which specific portion of the evidence, if any, is to be provided by her, and which specific portion, if any, VA will attempt to obtain on her behalf. Also ask that she submit any relevant evidence in her possession that she has yet to submit to VA. 2. Then readjudicate the claim in light of any additional evidence obtained. If any benefit sought on appeal is not granted to the claimant's satisfaction, send her and her representative an appropriate supplemental statement of the case (SSOC) and give them time to respond before returning the case to the Board for further appellate consideration. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005). _________________________________________________ Gary L. Gick Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2004).