Citation Nr: 21072941 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 18-46 764 DATE: December 7, 2021 ORDER The appellant's claim for accrued benefits was timely filed; to that limited extent, the appeal is granted. FINDINGS OF FACT 1. The Veteran died in February 2017. 2. In March 2017 and January 2018, VA received the appellant's VA Forms 21-8416, reasonably reflecting an intent to apply for accrued benefits. 3. In response to a May 2018 VA letter, which appears to have informed the appellant of the information needed to complete her claim for accrued benefits, the appellant filed a VA Form 21-534EZ in June 2018. CONCLUSION OF LAW The appellant's claim for accrued benefits was timely filed. 38 U.S.C. § 5121; 38 C.F.R. §§ 3.109, 3.150, 3.155, 3.1000. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Navy from September 1943 to February 1946. His decorations included the United States Naval Reserve Honorable Discharge Button, the Service Lapel Button, and the Discharge Emblem. Unfortunately, he died in February 2017. The appellant is his surviving spouse. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2018 determination issued by a Department of Veterans Affairs (VA) Regional Office. The appellant's claim for accrued benefits was timely filed; to that limited extent, the appeal is granted. The appellant seeks entitlement to accrued benefits. Heretofore, her application for such benefits has been denied as untimely filed. An application for accrued benefits must be filed within one year after the date of a VA beneficiary's death. In order to support a claim for accrued benefits, the Veteran or other payee must have had a claim pending at the time of his death for such benefits or else be entitled to them under an existing rating or decision. 38 U.S.C. §§ 5101(a), 5121(a); Jones v. West, 136 F.3d 1299 (Fed. Cir. 1998). A specific claim in the form prescribed by the Secretary must be filed in order for death benefits to be paid to any individual under the laws administered by VA. 38 C.F.R. § 3.152(a). If a claimant's application is incomplete, the claimant will be notified of the evidence necessary to complete the application. If the evidence is not received within 1 year from the date of such notification, pension, compensation, or dependency and indemnity compensation (DIC) may not be paid by reason of that application. 38 C.F.R. § 3.109. Upon receipt of notice of the death of a veteran, the appropriate application form will be forwarded for execution by or on behalf of any dependent who has apparent entitlement to pension, compensation, or DIC. If it is not indicated that any person would be entitled to such benefits, but there is payable an accrued benefit not paid during the veteran's lifetime, the appropriate application form will be forwarded to the preferred dependent. Notice of the time limit will be included in letters forwarding applications for benefits. 38 C.F.R. § 3.150(b). A claimant, his or duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not of full age or capacity, who indicates a desire to file for benefits under the laws administered by VA, by a communication or action, that does not meet the standards of a complete claim is considered a request for an application form for benefits under 38 C.F.R. § 3.150(a). Upon receipt of such communication or action, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application form or form prescribed by the Secretary. 38 C.F.R. § 3.155(a). In this case, the Veteran died in February 2017. In March 2017, VA received the appellant's VA Form 21-8416, reasonably reflecting an intent to apply for accrued benefits. The agency of original jurisdiction (AOJ) did not respond to the appellant's March 2017 filing. In January 2018, VA received another VA Form 21-8416 from the appellant, again reasonably reflecting an intent to apply for accrued benefits. In June 2018, VA received the appellant's VA Form 21-534EZ. The appellant indicated that the June 2018 submission was in response to a May 25, 2018 VA letter, which appears to have informed her of the information needed to complete her claim for accrued benefits. See June 2018 VA Form 21-4138. The Board notes that May 2018 VA letter is not of record. However, viewing the evidence in the light most favorable to the appellant, and resolving interpretive doubt in her favor, the Board finds that the appellant's claim for accrued benefits was timely filed. The March 2017 and January 2018 VA Forms 21-8416 reasonably reflected an intent on the part of the appellant to apply for accrued benefits. In light of those submissions, the AOJ should have provided the appropriate application form to the appellant. See 38 C.F.R. §§ 3.150(a), 3.155(c). In this regard, to the extent that the appellant's application for accrued benefits was incomplete, the AOJ should have notified the appellant of the information necessary to complete the correct application form as prescribed by the Secretary. That information was not furnished to the appellant until May 2018. The appellant submitted the completed application on VA Form 21-534EZ in June 2018, within one year of the January 2018 VA Form 21-8416 and the May 2018 notice. Accordingly, and after resolving reasonable doubt in the appellant's favor, the Board finds that the appellant's accrued benefits claim was timely filed. To that limited extent, the appeal is granted. The AOJ must consider the underlying merits of the claim. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Ragheb, 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.