Citation Nr: A21018928 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 200522-88620 DATE: November 29, 2021 ORDER Entitlement to an effective date prior to February 20, 2020 for Dependency and Indemnity Compensation (DIC) is denied. FINDING OF FACT The appellant's application to reopen a claim for DIC was received on February 20, 2020. CONCLUSION OF LAW The criteria for entitlement to an effective date prior to February 20, 2020, for DIC is not met. 38 U.S.C. §§ 5110 (d), 5107(b); 38 C.F.R. § 3.400 (c)(2). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1967 go to May 1973 and from July 1974 to October 1974. Unfortunately, the Veteran died in March 2012. The appellant is the Veteran's surviving spouse. The rating decision on appeal was issued in March 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the May 2020 VA Form 10182, Decision Review Request: Board Appeal, the appellant elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the March 2020 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Entitlement to an effective date prior to February 20, 2020 for DIC In the March 2020 rating decision, the AOJ granted entitlement to DIC and assigned an effective date of February 20, 2020, the date of receipt of the appellant's VA form 20-0995 Supplemental claim. The appellant contends that she is entitled to an effective date of March 2012, the date of her original DIC claim. See Statement in Support of Claim received in April 2020. 38 U.S.C. § 5110 (d)(1) provides that the effective date of an award of DIC, for which the application is received within one year from the date of death, shall be the first day of the month in which the veteran's death occurred. 38 C.F.R. § 3.400 (c)(3)(i) provides the effective date may be the first day of the month in which the veteran's death occurred if the claim is received within one year after the date of death; otherwise, the effective date is the date of receipt of the claim. The appellant submitted a claim for DIC under the legacy appeal system received on March 30, 2012. The AOJ denied the claim in a July 2012 rating decision. The appellant perfected an appeal to the Board in March 2013. In December 2017, the Board remanded the appeal for additional development. In November 2018, the Board denied the appeal. The appellant did not file a motion for reconsideration of the decision or file a motion to vacate the decision. Nor did she file a motion to revise the Board decision based on clear and unmistakable error. Unless the Chairman of the Board orders reconsideration, or one of the other exceptions to finality applies, all Board decisions are final on the date stamped on the face of the decision. See 38 U.S.C. § 7104; 38 C.F.R. § 20.1100. As such, the November 2018 Board decision became final. 38 U.S.C. § 7105, 38 C.F.R. § 20.1100, 20.1105. The United States Court of Appeals for Veterans Claims has held that when a claim is reopened, the effective date of any subsequent award cannot be earlier than the date of the claim to reopen. Juarez v. Peake, 21 Vet. App. 537, 539-40 (2008). The appellant submitted the VA 20-0995 supplemental claim along with an amended death certificate requesting readjudication of the DIC appeal based on new and relevant evidence. This supplemental claim was received by VA on February 20, 2020. In the March 2020 rating decision, the AOJ found that new and relevant evidence had been received to reopen the appeal, and granted entitlement to DIC, effective February 20, 2020, the date of receipt of the appellant's Supplemental claim. Accordingly, the claim for entitlement to an earlier effective date for DIC is denied. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Susan Leary 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.