Citation Nr: 18123003
Decision Date: 08/02/18	Archive Date: 08/01/18

DOCKET NO. 15-19 884
DATE:	August 2, 2018
REMANDED
Whether there is new and material evidence to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) benefits based on service connection for the cause of the Veteran’s death, entitlement to DIC under 38 U.S.C. § 1318, and entitlement to DIC under 38 U.S.C. § 1151 is remanded.
Entitlement to accrued benefits (regardless of theory) is remanded.
REASONS FOR REMAND
The veteran had active service from May 1943 to November 1948, May 1950 to October 1951, and from August 1954 to January 1964.  
1. Whether there is new and material evidence to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) benefits based on service connection for the cause of the Veteran’s death, entitlement to DIC under 38 U.S.C. § 1318, and entitlement to DIC under 38 U.S.C. § 1151 is remanded.
A May 2015 affidavit from the Appellant indicates there are outstanding Social Security Administration records.  The evidence of record does not indicate reasonable efforts have been made to obtain these records.  See 38 U.S.C. § 5103A(a). 
Furthermore, because a decision on the Appellant’s herein remanded accrued benefits claim could significantly impact a decision on the issue of entitlement to DIC, the issues are inextricably intertwined.  Therefore, a remand of the issue of entitlement to DIC is required.
2. Whether there is new and material evidence to reopen the claim of entitlement to accrued benefits is remanded.
Per the Court the claim for accrued benefits, i.e. the application to reopen the claim of entitlement to accrued benefits, is not untimely despite being received more than one year after the Veteran’s death, because the original claim for accrued benefits was timely filed.  See Quattlebaum v. Shinseki, 25 Vet. App. 171 (2012).
The matters are REMANDED for the following action:
1.  Obtain the Veteran’s federal records from the Social Security Administration.  Document all requests for information as well as all responses in the claims file.
2.  After undertaking any additional development deemed appropriate, adjudicate the claims in light of any additional evidence added to the record, including whether new and material evidence has been received.  If 
 
the benefits sought on appeal remains denied, the appellant and the representative should be furnished with an SSOC.  
 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel