Citation Nr: 21070454
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 18-55 274A
DATE: November 24, 2021

REMANDED

Entitlement to an effective date earlier than August 1, 2016 for survivor pension is remanded.

REASONS FOR REMAND

The Veteran had active duty service from January 1955 to January 1957. He died in July 1989. The Veteran's surviving spouse had a pending appeal for survivor pension at the time of her death in October 2017. The Appellant is the Veteran's son, who has been substituted for the Veteran's surviving spouse as the appellant for purposes of processing her claim to completion. See 38 U.S.C. § 5121A.

This matter comes to the Board of Veterans' Appeals (Board) from a decision and notification letter dated in January 2017 of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

The Appellant testified at a Board hearing in July 2021. A copy of the transcript has been associated with the record.

The Board sincerely apologizes for any additional delay in rendering a decision for these claims on appeal; however, to ensure the Appellant is afforded every opportunity to substantiate his claims, a remand is required.

Entitlement to an effective date earlier than August 1, 2016 for survivor pension is remanded.

Initially, the Board notes that in November 1988, prior to his death, the Veteran had filed a claim for pension. In May 1989, he filed what he labeled as an "Amended" claim, and provided updated net worth and income information. A review of the claims file shows that the Veteran's claim for pension benefits was not adjudicated.

In September 1989, less than a year after the Veteran's death, the surviving spouse filed a claim for Dependency and Indemnity Compensation (DIC), or service connection for the Veteran's cause of death, and pension. A claim for death pension, compensation, or DIC is deemed to include a claim for any accrued benefits. 38 C.F.R. §§ 3.152 (b), 3.1000(c). 

In November 1989, the surviving spouse was notified that her claim for service connection for the Veteran's cause of death was denied. However, it does not appear that her claims for accrued benefits and death pension were adjudicated.

During the pendency of this appeal, the AOJ issued a Statement of the Case (SOC) regarding the surviving spouse's and Appellant's claim for an earlier effective date for the pension award. The evidence considered is from 2016 and later. However, the AOJ has not adjudicated the Veteran's original 1988 claim for pension, the surviving spouse's 1989 claim for pension, or the surviving spouse's 1989 claim for accrued benefits, nor were these claims considered in the SOC. A remand is required for the AOJ to adjudicate these claims in the first instance, since they are not ripe for review.

The matters are REMANDED for the following action:

1. Adjudicate the Veteran's November 1988 and May 1989 claims for pension, in light of all pertinent evidence and legal authority.

2. Adjudicate the surviving spouse's September 1989 claim for pension and accrued benefits, in light of all pertinent evidence and legal authority.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Smith, 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.