Citation Nr: 18155359 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 18-18 016 DATE: December 4, 2018 ORDER Entitlement to an effective date of September 10, 2015, but no earlier, for the award of special monthly pension based on the need for aid and attendance, for accrued benefits purposes, is granted. FINDINGS OF FACT 1. On September 10, 2015, VA received the Veteran’s communication indicating a desire to file a claim for special monthly pension based on the need for aid and attendance. 2. In November 2015, VA provided the Veteran with a VA Form 21-527EZ, Application for Pension. 3. The Veteran’s completed and signed VA Form 21-527EZ, was received on August 30, 2016. CONCLUSION OF LAW The criteria for an effective date of September 10, 2015, but no earlier, for the award of special monthly pension based on the need for aid and attendance have been met. 38 U.S.C. §§ 5107, 5110 (2012); 38 C.F.R. § 3.151, 3.155, 3.400 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from March 1951 to March 1953. He passed away in February 2017. The appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) located in Philadelphia, Pennsylvania. The Board observes that the issue certified to the Board was entitlement to accrued benefits in excess of $10,600. However, a review of the appellant’s notice of disagreement indicates that she is appealing the effective date assigned for the award of special monthly pension benefits, which was subsequently addressed in the February 2018 statement of the case. Considering the foregoing, the Board has recharacterized the claim on appeal to reflect the benefit sought. 1. Entitlement to an effective date prior to August 30, 2016 for the award of special monthly pension based on the need for aid and attendance Effective March 24, 2015, VA amended its regulations regarding the manner and methods in which a claim VA benefits can be initiated and filed. See 79 Fed. Reg. 57,660 (Sept. 25, 2014), codified as amended at 38 C.F.R. §§ 3.151, 3.155, 3.157. The amended regulations apply to claims filed on or after March 24, 2015. Because the Veteran’s claim was received by VA after to that date, the new regulations apply. Under 38 C.F.R. § 3.155(a), a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not of full age or capacity, who indicates a desire to file for benefits under the laws administered by VA, by a communication or action, that does not meet the standards of a complete claim is considered a request for an application form for benefits under § 3.150(a). Upon receipt of such a communication or action, the Secretary shall provide the appropriate application form and notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application form or form prescribed by the Secretary. See also 38 C.F.R. § 3.150(a). A claimant may indicate a desire to file a claim for benefits by submitting an intent to file a claim to VA on the appropriate form. An intent to file a claim must provide sufficient identifiable or biographical information to identify the claimant. Upon receipt of the intent to file a claim, VA will furnish the claimant with the appropriate application form prescribed by the Secretary. If VA receives a complete application form prescribed by the Secretary appropriate to the benefit sought within 1 year of receipt of the intent to file a claim, VA will consider the complete claim filed as of the date the intent to file a claim was received. 38 C.F.R. § 3.155(b). A complete claim is required for all types of claims, and will generally be considered filed as of the date it was received by VA for an evaluation or award of benefits under the laws administered by the Department of Veterans Affairs. If VA receives a complete claim within 1 year of the filing of an intent to file a claim that meets the requirements of paragraph (b) of this section, it will be considered filed as of the date of receipt of the intent to file a claim. 38 C.F.R. § 3.155(d). Unless specifically provided otherwise, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, 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) (2012); 38 C.F.R. § 3.400 (2017). Factual Background The appellant asserts that an effective date prior to August 30, 2016 is warranted for the award for special monthly pension based on the need for aid and attendance. Specifically, she contends that the Veteran’s claim for benefits was submitted in September 2015. See March 2018 Substantive Appeal. Turning to the evidence of record, on September 10, 2015, the Veteran submitted a letter indicating that he wished to file a claim for special monthly pension based on the need for aid and attendance. In a notification letter dated in November 2015, the RO acknowledged the Veteran’s correspondence indicating that he would like to file a claim for benefits. He was informed that VA regulations now required all claims to be submitted on a standardized form. The RO advised the Veteran that in order to begin processing his pension claim, he must complete, sign, and return a VA Form 21-527EZ, Application for Pension. The RO provided the application form to the Veteran. The letter advised the Veteran that if he was not ready to file an application, he could submit an intent to file form, but the RO did not include the form for submitting an intent to file. On August 30, 2016, the Veteran’s completed and signed VA Form 21-527EZ, Application for Pension was received by VA. Thereafter, in a March 2017 rating decision, the RO granted special monthly pension based on the need for aid and attendance, and assigned an effective date of August 30, 2016, the date the Veteran’s completed and signed VA Form 21-527EZ, Application for Pension was received. Analysis After reviewing both the law and the facts set forth above, the Board finds that an effective date of September 10, 2015, for the award of special monthly pension based on the need for aid and attendance is warranted. As set forth above, the Veteran’s letter communicating a desire to file a claim for special monthly pension based on the need for aid and attendance was received on September 10, 2015. As detailed herein, effective March 24, 2015, VA amended its regulations to require that all claims governed by VA’s adjudication regulations be filed on a standard form and imposing on VA a duty to provide the appropriate forms upon receipt of a request. Because the RO provided only the application form itself, and not an intent to file form, the Board finds that his September 10, 2015, request for an appropriate form remained pending. Because the Veteran’s completed and signed application for special monthly pension was received on August 30, 2016, within one year of the September 10, 2015 request for an application, an effective date of September 10, 2015, for award of special monthly pension based on the need for aid and attendance is warranted. (Continued on the next page)   However, the Board finds that an effective date prior to September 10, 2015 is not warranted. In this regard, the record contains no indication that the Veteran submitted a claim or any other communication that could be construed as a claim or request for benefits as required by VA regulations prior to that time. The appellant has not asserted otherwise. As such, an effective date earlier than September 10, 2015, is not warranted. K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Jones, Counsel