Citation Nr: 20000093 Decision Date: 01/02/20 Archive Date: 01/02/20 DOCKET NO. 18-09 034 DATE: January 2, 2020 REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. Entitlement to accrued benefits is remanded. Entitlement to death pension benefits is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1942 to October 1945. He died in March 2002. At the time of his death, the appellant was the Veteran’s surviving spouse. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2017 rating decision. The Board previously remanded this case in April 2019 for additional development. Unfortunately, as explained below, the Board is not satisfied that there was substantial compliance with its prior remand; therefore, the appeal must once again be remanded. See Stegall v. West, 11 Vet. App. 268, 271 (1998); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008). Entitlement to service connection for the cause of the Veteran’s death; entitlement to accrued benefits; and entitlement to death pension benefits are remanded. On her January 2017 application for benefits, the appellant indicated that she was seeking entitlement to Dependency and Indemnity Compensation (DIC). In its December 2017 rating decision, the Regional Office (RO) characterized the appellant’s claim as one for service connection for the cause of the Veteran’s death. On her January 2018 notice of disagreement, the appellant noted disagreement with the denial of “DIC,” and added the additional issue of “survivor benefit.” Thereafter, the RO issued a January 2018 statement of the case (SOC) that included the issues of entitlement to accrued benefits and death pension benefits, even though the appellant did not file claims for these additional benefits. Further complicating the matter, review of the claims file reveals an October 2009 VA correspondence to the appellant informing her that she is owed an additional amount in VA benefits. The correspondence also seemed to indicate that she was being recognized as the Veteran’s surviving spouse for the purpose of entitlement to VA benefits. However, the claims file does not include any rating decision or other administrative action that serves as a basis for an award of benefits to the appellant. As such, it is not clear from a review of the record what, if any, VA benefits the appellant has previously received or is currently receiving. In light of the above ambiguities, in its April 2019 remand, the Board specifically directed the RO to update the appellant’s claims file to include any prior claims submitted by the appellant and any prior rating actions or administrative decisions that served as the basis for VA benefits issued to the appellant. Moreover, the RO was directed to clarify the issues on appeal in light of any updated records located. However, review of the claims file indicates that the RO did not make any attempts to perform the requested development. The only action the RO undertook on remand was to send the appellant a letter in May 2019 requesting her to verify the issues on appeal, however, the letter was returned as undeliverable. The RO resent the letter to a different, unverified address, though there is no indication that it was ever received by the appellant. Thereafter, the RO issued the appellant a supplemental statement of the case (SSOC) and the appeal was recertified to the Board. Compliance with Board remand directives is not discretionary and the Board errs as a matter of law when it fails to ensure compliance with a prior remand. See Stegall, 11 Vet. App. at 271. Therefore, because the RO did not attempt to investigate whether there are pertinent administrative records missing from the claims file or make sufficient efforts to clarify what VA benefits the appellant is seeking on appeal, as directed by the April 2019 Board remand, the Board must remand the matter once again for compliance with its prior remand. Accordingly, the matters are REMANDED for the following actions: 1. Confirm the appellant’s current mailing address and telephone number. If it is not possible to verify her current contact information, document all attempts made in the claims file. 2. Investigate whether there are any outstanding rating decisions and/or administrative actions with regard to any prior claims filed by the appellant (or the Veteran) that may serve as a basis for any VA benefits previously or currently issued to the appellant. Locate and associate with the claims file any identified pertinent records. All attempts to locate any outstanding records must be clearly documented in the claims file. (Continued on next page) 3. After conducting the above development and any other development deemed necessary, clarify the claims on appeal in consideration of the updated record and readjudicate the appellant’s case. If any benefit sought on appeal remains denied, issue the appellant an SSOC that clarifies the issues on appeal, and give the appellant an appropriate opportunity to respond. Then, return the case to the Board, if otherwise in order, for further appellate review. LESLEY A. REIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Melissa Barbee, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.