Citation Nr: 18140195 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 15-14 131 DATE: October 2, 2018 ORDER Entitlement to accrued benefits is denied. FINDING OF FACT The appellant did not file a claim for accrued benefits within one year of the Veteran’s death. CONCLUSION OF LAW The criteria for accrued benefits have not been met. 38 U.S.C. §§ 5103, 5103A, 5121 (2014); 38 C.F.R. § 3.1000 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from August 1942 to October 1945. He died in September 2011. The appellant is his nephew. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 determination letter issued by the Department of Veterans Affairs (VA) Pension Management Center (PMC) located in St. Paul, Minnesota. 1. Entitlement to accrued benefits Periodic monetary benefits to which a veteran was entitled at death, either by reason of existing VA ratings or decisions or those based on evidence in the file at date of death, and due and unpaid, are known as “accrued benefits.” 38 U.S.C. 5121; 38 C.F.R. 3.1000; see also Zevalkink v. Brown, 102 F.3d 1236 (Fed Cir. 1996). For a claimant to prevail on an accrued benefits claim, the record must show that (i) the appellant has standing to file a claim for accrued benefits, (ii) the veteran had a claim pending at the time of death, (iii) the veteran would have prevailed on the claim if he had not died; and (iv) the claim for accrued benefits was filed within one year of the veteran’s death. 38 U.S.C. 5121, 5101(a); 38 C.F.R. 3.1000; Jones v. West, 136 F.3d 1299 (Fed. Cir. 1998). Following timely filing of a proper claim, such benefits will be paid according to a statutorily prescribed order of distribution. Essentially, accrued benefits are paid as follows: (i) to the veteran’s spouse; (ii) his or her children (in equal shares); or (iii) his or her dependent parents (in equal shares) or the surviving parent. 38 U.S.C. 5121 (a)(2); 38 C.F.R. 3.1000(a)(1). In all other cases, only so much of the accrued benefit may be paid as may be necessary to reimburse the person who bore the expense of last sickness or burial. 38 U.S.C. 5121(a)(6); 38 C.F.R. 3.1000 (a)(5). Analysis The appellant asserts that he is entitled to accrued benefits. He argues that the Veteran was owed compensation from November 2010 to September 2011. A review of the claims file shows that the Veteran died in September 2011. VA received the appellant’s claim for accrued benefits in October 2014. After a review of the evidence, the Board finds that the preponderance of the evidence is against the award of accrued benefits. In this regard, the appellant’s application for accrued benefits was not filed within one year of the Veteran’s death as mandated by law. Thus, the appellant’s accrued benefits claim is barred as untimely regardless of whether there was a pending claim at the time of the Veteran’s death. The Board acknowledges the appellant’s argument that accrued benefits would be unnecessary if the VA had processed direct deposits forms submitted on behalf of the Veteran. Additionally, he reported that he made several unsuccessful phone calls and met with an officer at the VA regarding his claim. The record shows that following the appellant’s October 2014 claim, VA paid the appellant $1,082, an amount equal to non-negotiated checks that had been due to the Veteran before his death, for the Veteran’s last expenses. However, neither the appellant nor the evidence suggests that a claim for accrued benefits claim was received within one year of the Veteran’s September 2011 death. Moreover, he has not identified any evidence which could be construed as an informal claim for accrued benefits. As such, there is no basis for a favorable disposition of the appeal. (Continued on the next page)   In sum, because the appellant did not file a claim for accrued benefits within one year following the Veteran’s death, he is not eligible for accrued benefits. Thus, the claim is precluded by law. In cases such as this, where the law is dispositive, the claim must be denied because of the absence of legal merit. Sabonis v. Brown, 6 Vet. App. 426 (1994). K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Jones, Counsel