Citation Nr: 18145606
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 14-39 393
DATE:	October 29, 2018
ORDER
Entitlement to an effective date prior to March 17, 2014 for the award of nonservice-connected (NSC) pension is denied.
FINDING OF FACT
There are no documents or communications of record dated prior to March 17, 2014 that constitute a claim for pension benefits.
CONCLUSION OF LAW
The criteria for entitlement to an effective date prior to March 17, 2014 for the award of NSC pension have not been met.  38 U.S.C. § 5110 (2012); 38 C.F.R. §§ 3.157, 3.400 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
Entitlement to an effective date prior to March 17, 2014 for the award of nonservice-connected pension
Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after a final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (2012).
A “claim” is defined as a formal or informal communication, in writing, requesting a determination of entitlement, or evidencing a belief in entitlement to a benefit. 38 C.F.R. §§ 3.1 (p), 3.151. Any communication or action indicating intent to apply for one or more VA benefits may be considered an informal claim. 38 C.F.R. § 3.155. The date of receipt of a claim is the date on which a claim, information, or evidence is received by VA. 38 C.F.R. § 3.1 (r).
Based on statements from the Veteran and his representative, it appears that the Veteran’s claim was initially faxed by his representative on June 7, 2013 to be uploaded to “Virtual VA,” rather than being sent to the Regional Office for processing. Electronic records from Virtual VA, the legacy content manager, and VBMS do not show that any claim was received or uploaded in June 2013. Instead, the record shows that an Application for Pension was mailed to and received by the RO on March 17, 2014. While the Veteran’s representative noted in the upper margin of a cover letter, dated June 7, 2013 but received on March 17, 2014, that the claim was “originally faxed 6-7-13 into virtual,” neither the Veteran or his representative have submitted evidence, aside from their lay assertions, showing that the document was in June 2013, and there is no evidence of record of an earlier submission. While the Board finds that the Veteran and his representative are credible in reporting their attempt to submit a claim for benefits on June 7, 2013, there is nothing in the record to show that a claim was actually received by VA on that date. 
In this case, the effective date of an award of pension was set by “the date of receipt” of the claim. See 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400 (2012). There are no documents or communications of record dated prior to March 17, 2014 that constitute a claim for pension benefits. It is presumed that government officials “have properly discharged their official duties.” United States v. Chemical Foundation, Inc., 272 U.S. 1, 14-15 (1926). Thus, absent clear evidence, such as a fax confirmation or other receipt confirmation, showing that a claim for pension benefits was received by the VA in June 2013, an earlier effective date is not warranted. See also Schoolman v. West, 12 Vet. App. 307, 310 (1999).
 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christine C. Kung