Citation Nr: 18150868 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 18-22 844A DATE: November 15, 2018 ORDER Entitlement to an effective date earlier than May 1, 2009, for the grant of dependency and indemnity compensation (DIC) benefits is denied. FINDING OF FACT The appellant is already in receipt of the earliest effective date under the applicable laws for the grant of DIC benefits, May 1, 2009. CONCLUSION OF LAW An earlier effective date prior to May 1, 2009, is not warranted for the award of DIC benefits. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.153, 3.400, 3.816 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service in the U.S. Army from June 1974 to August 1994. The Veteran died in May 2009, and the appellant is his surviving spouse. The Board has reviewed all of the evidence in the Veteran’s claims file, with an emphasis on the evidence relevant to this appeal. Although the Board has an obligation to provide reasons and bases supporting this decision, there is no need to discuss, in detail, the extensive evidence of record. Indeed, the Federal Circuit has held that the Board must review the entire record, but does not have to discuss each piece of evidence. Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). Therefore, the Board will summarize the relevant evidence where appropriate, and the Board’s analysis below will focus specifically on what the evidence shows, or fails to show, as to the claims. In this regard, the Veteran must not assume that the Board has overlooked pieces of evidence that are not explicitly discussed herein. See Timberlake v. Gober, 14 Vet. App. 122 (2000) (the law requires only that the Board address its reasons for rejecting evidence favorable to the Veteran). 1. Entitlement to an effective date earlier than May 1, 2009, for the grant of DIC benefits Generally, the effective date of an award based on a claim for DIC benefits shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110(a). However, if the claim for entitlement to DIC benefits is filed with VA within one year of the Veteran’s death and the claim is ultimately granted, then the effective date will be the first day of the month on which the Veteran died. 38 U.S.C. § 5110(d); 38 C.F.R. § 3.400 (c)(2). In this instance, the Veteran died on May [redacted], 2009. The certificate of death reflects that his cause of death was colon cancer with untreated hypertension as a supplemental cause. The appellant’s claim for DIC compensation was received by VA on August 4, 2009. Generally, the date of claim would be the proper effective date, but as the appellant filed the claim within one year of the Veteran’s death, the proper effective date if the first day of the month on which the Veteran died. As the death certificate notes a date of death as May [redacted], 2009, the proper effective date for the grant of DIC benefits is May 1, 2009. As such, the appellant is already in receipt of the earliest possible effective date according to VA regulations. The AOJ assignment of May 1, 2009, as the effective date for the award of DIC benefits is appropriate. There is no legal basis to establish an earlier effective date. See 38 C.F.R. § 3.400(b)(2)(ii). As the preponderance of the evidence is against the Veteran’s claim, the benefit-of-the-doubt rule does not apply. 38 U.S.C. §5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). Although sympathetic to the appellant’s claim, entitlement to an effective date earlier than May 1, 2009 for the grant of DIC benefits is denied. 38 U.S.C. § 5110 (2012); 38 C.F.R. § 3.153, 3.400, 3.816 (2017). T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.L. Reid, Associate Counsel