Citation Nr: 19123718 Decision Date: 04/01/19 Archive Date: 03/29/19 DOCKET NO. 14-07 969 DATE: April 1, 2019 REMANDED Entitlement to dependency and indemnity compensation (DIC) benefits or pension benefits is remanded. Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Air Force from December 1978 to November 1984. Unfortunately, the Veteran passed away in July 2010. The Appellant is his surviving spouse. In a December 2017 decision, the Board denied the Appellant’s claim for service connection for the cause of the Veteran’s death. In September 2018, the Court of Appeals for Veterans Claims (CAVC) vacated and remanded the Board’s December 2017 decision to the extent that it denied the Appellant’s claim of entitlement to service connection for the cause of the Veteran’s death and entitlement to DIC benefits or pension benefits. In the Joint Motion for Partial Remand, the parties agreed not to disturb the Board’s decision to deny the claim of entitlement to accrued benefits. Accordingly, that issue is dismissed. As to the remaining issues, this matter is remanded for further development and compliance with the instructions set forth in the September 2018 CAVC Decision. The issues of entitlement to dependency and indemnity compensation (DIC) benefits or pension benefits and entitlement to service connection for the cause of the Veteran’s death are remanded. The Appellant contends that she is entitled to DIC benefits or pension benefits and to service connection for the cause of the Veterans’ death. In a December 2017 Decision, the Board denied the above referenced claims. The decision relied on a conclusion that the evidence failed to show that the Veteran became disabled as a result of a disease or injury that was incurred in or aggravated by his period of active duty service in the National Guard or Reserves. In September 2018, CAVC evaluated the Board’s decision and determined that it erred by failing to verify the Veteran’s dates of active duty service in the National Guard and Reserves. Notably, service treatment records indicate that the Veteran was diagnosed with a connective tissue disease, or Raynaud’s disease, in 1994 while serving in the Air Force Reserves. Despite this evidence, the Board found that service connection for the Veteran’s cause of death was not warranted, to include as causally related to his active service in the Reserves. CAVC found the Board’s analysis flawed as there is no evidence that VA undertook reasonable efforts to verify the Veteran’s periods of active duty service, active or inactive duty training beyond confirmed service between December 1978 and 1984. Instead, the Board merely noted that the Veteran served in the National Guard from November 1984 until January 1993. Immediately thereafter, he entered the Air Force Reserves where he remained until his death. Accordingly, a remand is necessary to afford VA the opportunity to verify the Veteran’s period of active duty service and provide an adequate statement of reasons or bases for whether service connection for the cause of the Veteran’s death is warranted. In considering the Appellant’s claim of entitlement to nonservice-connected pension benefits, the Board concluded that the Veteran did not serve active duty during wartime; and suggested that his service was limited to the National Guard and Reserves. CAVC notes, however, that nonservice-connected pension may be paid to a surviving spouse for a veteran who, among other requirements, “served in the active military, naval, or air service for ninety days or more during a period of war.” In this case, the Veteran’s period of active service includes overlap with the Persian Gulf War, which began in August 1990. Accordingly, a remand is necessary to verify the Veteran’s periods of active duty service, active or inactive duty training and provide an adequate statement of reasons or bases for whether non-service connected pension benefits is warranted. Accordingly, this matter is REMANDED for the following action: 1. Contact the custodian of the Veteran’s military personnel records and attempt to verify his period of active duty service, active and inactive duty military training. All correspondence and related responses must be associated with the claims file. If verification is not possible, an explanation for the negative findings must be included in the file. 2. After completing the above referenced development, and any additional development deemed necessary as a consequence of the actions discussed above, the Appellant’s claims should be re-adjudicated. 3. If the benefits sought are not granted, the Appellant and her representative should be furnished a supplemental statement of the case and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans’ Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (2014). B. MULLINS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Whitaker, Counsel