Citation Nr: 20006565 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 15-20 531 DATE: January 27, 2020 REMANDED Entitlement to a higher dependence and indemnity compensation (DIC) rate under 38 U.S.C. § 1311(a)(2) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1964 to January 1967. The Veteran died in February 2014 and the appellant is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision. The rating decision granted service connection for the cause of the Veteran’s death. The appellant asserted that she was entitled to a higher DIC rate under 38 U.S.C. § 1311(a)(2) and filed a Notice of Disagreement in November 2014. The Board denied the appellant’s claim in a January 2019 decision. The appellant then appealed the decision to the United States Court of Appeals for Veterans Claims (CAVC), and in September 2019, the Court granted a Joint Motion for Remand (JMR). As a result, the January 2019 decision was vacated, and the appellant’s claim has since been remanded to the Board for further action. Entitlement to a higher dependence and indemnity compensation (DIC) rate under 38 U.S.C. § 1311(a)(2) is remanded. The JMR stated that the Board shall ensure that the appellant is advised of the information and evidence necessary to substantiate her claim for increased DIC benefits, including the proof of marriage requirements contained in 38 C.F.R. § 3.205(a)(6). As such, the Board will remand the claim to the Agency of Original Jurisdiction (AOJ) to provide appropriate notice to the appellant in compliance with the JMR. As stated in the JMR, Section 3.205(a)(6) provides that in jurisdictions where marriages other than by ceremony are recognized, this type of evidence includes affidavits or certified statements from one, or both parties to the marriage, setting forth the facts and circumstances concerning the alleged marriage, which should be supplemented by affidavits or certified statements from two or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage including the periods of cohabitation, places of residences, whether the parties held themselves out as married, and whether they were generally accepted as such in the communities in which they lived. See 38 C.F.R. § 3.205(a)(6). As noted in the regulation, important factors to consider are whether the parties held themselves out as married and whether they were generally accepted as such in the community. Id. The appellant is encouraged to submit certified statements and/or affidavits from people who knew the appellant and the Veteran prior to October 28, 2006, including statements regarding whether the Veteran and the appellant held themselves out as married and whether they were generally accepted as such in the community prior to February 2006. The matter is REMANDED for the following action: 1. Undertake appropriate efforts to provide the appellant the information and evidence necessary to substantiate her claim for increased DIC benefits, including the proof of marriage requirements contained in 38 C.F.R. § 3.205(a)(6). 2. Undertake appropriate efforts to assist the appellant in the development of her claim increased DIC benefits to include: providing any appropriate forms. Patrick M. Johnson Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael B. Engle, 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.