Citation Nr: 20005791 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 18-38 691 DATE: January 23, 2020 ISSUES 1. Entitlement to service connection for the cause of the Veteran’s death. 2. Entitlement to an earlier effective date for the award of service connection for schizophrenia. REMANDED Entitlement to service connection for the cause of the Veteran’s death is remanded. Entitlement to an earlier effective date for the award of service connection for schizophrenia is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1978 to April 1979. The Veteran died on November [REDACTED], 2017. The appellant was the Veteran’s spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 rating decision of the Department of Veterans Affairs (VA) Veterans Benefits Administration Regional Office (RO) that denied entitlement to service connection for the cause of the Veteran’s death. Jurisdiction was transferred to the RO in Philadelphia, Pennsylvania. When the issue of entitlement to service connection for cause of the Veteran’s death was previously before the Board in July 2019, it was remanded. In addition, the issue of entitlement to an earlier effective date for the award of service connection for schizophrenia was remanded by the Board for the issuance of a statement of the case (SOC). A SOC was issued in June 2018, and the appellant completed a formal appeal (VA Form 9) in July 2018. The Board is of the opinion that additional development is required before the claims on appeal are decided. At the outset, the Board notes that the Veteran’s death certificate is mostly in the Spanish language. There are also medical records, statements, and a prior divorce decree that are in Spanish. On remand, all documents requiring translation from Spanish to English should be appropriately addressed. The appellant’s attorney argues that the issues on appeal are inextricably intertwined because a grant of an earlier effective date the appellant is seeking would provide for a grant of Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 (b)(1). Historically, the Board granted a 100 percent schedular rating for schizophrenia from March 3, 2008, to March 24, 2014, in October 2016. The Board observes that a disability that was continuously rated totally disabling for a period of 10 or more years immediately preceding death would warrant the grant of DIC benefits to a surviving spouse under 38 U.S.C. § 1318 (b)(1). The appellant herein is seeking an effective date of July 6, 1981, for the grant of service connection for schizophrenia as a substitute for the Veteran’s claim. All determinations regarding a request to substitute must be made in the first instance by the Agency of Original Jurisdiction (AOJ), subject to the provisions of 38 C.F.R. § 20.1302. See 38 C.F.R. § 3.1010 (b), (c)(1), (e) (2017). In this case, the claims for substitution have not been adjudicated by the AOJ, as is required by 38 C.F.R. § 3.1010 (e) (effective October 6, 2014). To this point, subsequent to the July 2019 Board remand, internal RO communication showed that the substitution of the claimant was in “open status”, pending review. The course of action for the Board in this case would be to dismiss the claim, however, as this issue was not addressed subsequent to the July 2019 remand, the Board finds that a remand is required for a determination as to whether there has been a valid claim for substitution, and if so, who the valid substitute is in this case. The matters are REMANDED for the following action: 1. Ensure that there are English language translations of record for all Spanish language documents in the file, to specifically include the Veteran’s death certificate. 2. Send the appellant a notice letter that explains substitution pursuant to 38 C.F.R. § 3.1010. Afford the appellant the opportunity to submit additional evidence or argument in furtherance of the claim. Associate any records or responses received with the claims file, and undertake any reasonable indicated development. 3. Adjudicate whether the appellant is eligible to substitute for the deceased surviving spouse for the purpose of continuing the claim for entitlement to an earlier effective date for the award of service connection for schizophrenia. Send the appellant appropriate notice with respect to her status as a substituted party, or lack thereof. 4. If the appellant is deemed to be a proper substitute for continuing the claim on appeal, then readjudicate the claim after allowing her and her attorney an appropriate time to submit evidence supportive of her contentions. If the benefit sought remains denied, issue a supplemental statement of the case and return the case to the Board. MICHAEL A. PAPPAS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R.M.K., 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.