Citation Nr: 18157924 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 17-48 323 DATE: December 14, 2018 ORDER Entitlement to an effective date prior to February 1, 2017 for survivor pension benefits is denied. FINDING OF FACT The earliest communication received by the VA with respect to the appellant’s claim for survivor pension benefits was received on February 1, 2017. CONCLUSION OF LAW The criteria for an effective date prior to February 1, 2017 for survivor pension benefits have not been met. 38 U.S.C. § 5110 (2012); 38 C.F.R. §§ 3.3, 3.400, 3.402 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is the surviving spouse of the Veteran, who died in 1984. 1. Entitlement to an earlier effective date for survivor pension benefits The appellant contends that she is entitled to an effective date prior to February 1, 2017 for grant of her survivor’s pension. Unfortunately, the criteria for an earlier effective date have not been met. The statutory guidelines for the determination of an effective date of an award of disability compensation are set forth in 38 U.S.C. § 5110. Except as otherwise provided, the effective date of a nonservice-connected survivors pension will be the first day of the month in which the Veteran’s death occurred if the claim is received within one year of the Veteran’s death or otherwise the date of receipt of claim. 38 C.F.R. § 3.400 (c)(3). The VA assigned an effective date of February 1, 2017, explaining that that was the date on which the appellant’s claim was received. The appellant has agreed that her VA Form 21-534 and VA 21-2680 forms were received by the VA in February 2017; but has argued that she submitted an intent to file prior to that date. She submitted a copy of an intent to file form that includes a signature date in October 2016. She also submitted a copy of an email from an attorney to the appellant’s daughter-in-law including an intent to file form and instructions that the form may be submitted directly to the VA or returned to the attorney who would submit it on her behalf. In a July 2017 letter to the VA, the appellant explained that she paid money for assistance in filing her claim and, in November 2016, had sent a signed intent to file form to the law firm she was referred to. She said she was told at the time that the firm had filed her intent to file form with the VA, but when she asked them later she was told that they did not have a record of submitting the form to the VA. Unfortunately, the VA also has no record of an intent to file form being submitted on the appellant’s behalf in November 2016 or at any other time. The first correspondence regarding a claim for survivor pension benefits received by the VA was the appellant’s claim form, which was received in February 2017. As the Veteran died well over a year prior to February 2017 and February 1, 2017 is the date on which the Veteran’s claim form was received, with no earlier intent to file on record with the VA, an effective date prior to February 1, 2017 is not warranted. In reaching this decision, the Board would like to express that it is extremely sympathetic toward the appellant’s situation and is deeply appreciative of the Veteran’s military service. Unfortunately, the Board is ultimately bound by the law passed by Congress, and this decision is dictated by the relevant statutes and regulations. The Board is without authority to grant benefits simply because it might perceive the result to be equitable. See 38 U.S.C. §§503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). Therefore, the Board must deny entitlement to an effective date prior to February 1, 2017 for survivor pension benefits. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Christensen