Citation Nr: 21064596 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 13-06 594A DATE: October 20, 2021 ORDER Entitlement to nonservice-connected death pension benefits, effective January 1, 2013, is dismissed as moot. Entitlement to special monthly death pension benefits for a surviving spouse is dismissed as moot. FINDINGS OF FACT 1. Prior to the promulgation of a decision by the Board, the appellant's claim for entitlement to service connection for cause of death was granted in a March 2021 rating decision. 2. The appellant is in receipt of an award of death and indemnity compensation benefits based on service connection for the cause of the Veteran's death, which is a greater benefit than pension benefits and renders the nonservice-connected death pension and special monthly death pension benefits for a surviving spouse claims moot. CONCLUSIONS OF LAW 1. The claim of entitlement to nonservice-connected death pension benefits is dismissed as moot. 38 U.S.C. §§ 1541, 7105; 38 C.F.R. § 3.151. 2. The claim of entitlement to special monthly death pension benefits for a surviving spouse is dismissed as moot. 38 U.S.C. §§ 1541, 7105; 38 C.F.R. § 3.151. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1978 to April 1979, and from February 2003 to December 2003, to include service in Southwest Asia. Regrettably, the Veteran died in November 2011. The appellant is his surviving spouse. These matters come to the Board of Veterans' Appeals (Board) on appeal from a May 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction of this appeal is currently with the Philadelphia Pension Center RO. This case was most recently before the Board in March 2020, at which time the appeal was remanded to the Agency of Original Jurisdiction (AOJ) for further development. The case has now been returned to the Board for appellate action. In addition, in a March 2021 rating decision, the AOJ granted entitlement to service connection for the cause of the Veteran's death, along with other benefits. As this decision represents a full grant of the benefits sought with respect to this claim for entitlement to service connection for the cause of the Veteran's death, such issue is no longer before the Board for consideration. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). Nonservice-connected Death Pension Benefits and Special Monthly Death Pension Benefits for a Surviving Spouse The appellant contends that she is entitled to nonservice-connected death pension benefits and special monthly death pension benefits for a surviving spouse. Nonservice-connected death pension benefits are generally available to the surviving spouse of a veteran as a result of the veteran's nonservice-connected death. 38 U.S.C. § 1541(a). Basic entitlement exists if the veteran served on active duty for 90 consecutive days or more, part of which was during a period of war; or, was, at the time of death, receiving or entitled to receive compensation or retirement pay for a service-connected disability; or if the surviving spouse meets specific income and net worth requirements. 38 U.S.C. § 1541; 38 C.F.R. § 3.3(b)(4). In this case, as noted above, in a March 2021 rating decision, service connection for the cause of the Veteran's death was granted and death and indemnity compensation benefits were granted through the award of service connection for the cause of the Veteran's death. Given that an award of death and indemnity compensation benefits is a greater benefit than a nonservice-connected death pension and special monthly death pension benefits for a surviving spouse, the claims for such benefits are considered moot and, therefore, dismissed. See 38 C.F.R. § 3.151 (a claim may be considered for compensation or pension, but the greater benefit will be awarded unless the claimant requests otherwise); see also 38 U.S.C. §§ 1311, 1541. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, 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.