Citation Nr: 18106931
Decision Date: 06/01/18	Archive Date: 05/31/18

DOCKET NO. 12-30 915A
DATE:	June 1, 2018
REMANDED
Entitlement to an effective date earlier than June 17, 2011, for the grant of dependency and indemnity compensation (DIC) benefits is remanded. 
REASONS FOR REMAND
The representative contends that the appellant filed a claim for survivor’s benefits to the Social Security Administration either within one year of the death of the Veteran, which occurred in May 2001, or in December 2008.  Pertinent regulations provide that, for the purpose of determining the earliest effective date for payment of dependency and indemnity compensation, evidence submitted to the Social Security Administration will be deemed to have been received by the Department of Veterans Affairs on the date it was received by the Social Security Administration.  See 38 C.F.R. § 3.201; see also 38 C.F.R. § 3.153.  Further, where, as here, DIC benefits are awarded from the date of receipt of a claim which was filed more than one year after the date of the Veteran’s death and there is no indication in the claims folder as to whether or not a claim for survivor’s benefits was filed with the Social Security Administration, the RO should consider whether entitlement to benefits from an earlier effective date are warranted.  See M21-1, IV.iii.3.A.d.  This includes contacting the appropriate Social Security Administration  payment center to ascertain the date of any application.  This should be accomplished on remand.
The matter is REMANDED for the following action:
In accordance with M21-1, IV.iii.3.A.d., ask the appropriate Social Security payment center to verify in writing the date the application was filed with that agency, or, verify the information via Share.  Then, adjust the effective date of the award, if necessary based on the information received, upon receipt of information from the Social Security Administration establishing the date the Social Security Administration application/claim was received.
  
GAYLE E. STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Matthew Schlickenmaier, Associate Counsel