Citation Nr: 18154708
Decision Date: 11/30/18	Archive Date: 11/30/18

DOCKET NO. 10-29 391
DATE:	November 30, 2018
REMANDED
The issue of entitlement to nonservice-connected death pension benefits is remanded.
REASONS FOR REMAND
The Veteran had unverified service, enlisting on March 26, 1948.  It is believed most of his military records were lost in the 1973 National Personnel Records Center (NPRC) fire.  The Veteran died in September 2008 and the appellant seeks benefits as his surviving spouse.
In December 2012, the Board of Veterans’ Appeals (Board) remanded the claim for additional development to attempt to verify the Veteran’s period of service, to include making further requests to the NPRC and the National Records and Archives Administration (NARA).  After making additional requests for records, the Agency of Original Jurisdiction (AOJ) provided a supplemental statement of the case in September 2017.
Thereafter, in October 2017, the AOJ executed another Request for Information and later that month Military Personnel Records related to the Veteran were received from NARA.  Pursuant to VA regulations, as these records are relevant to the claim for establishing entitlement to death pension benefits, the claim must be remanded so that the AOJ can consider this additional evidence in the first instance.  See 38 U.S.C. § 19.37.
The matter is REMANDED for the following action:
Review the record and readjudicate to the claim for nonservice-connected death pension benefits.  If any benefit sought on appeal remains denied, the Veteran and her representative should be furnished with a supplemental statement of the case and be given the opportunity to respond thereto.
 
Nathan Kroes
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Boyd Iwanowski, Counsel