Citation Nr: 21006312 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 18-35 201 DATE: February 3, 2021 REMANDED Whether new and material evidence has been received to reopen a claim for dependency and indemnity (DIC) benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1952 to March 1973. He died in February 1992. The appellant was found by the Board in a December 2020 decision to be the Veteran’s surviving spouse. At the time of the December 2020 decision, the issue of whether new and material evidence had been received to reopen the claim for DIC benefits was remanded to ensure due process. As will be discussed, this has not been accomplished and the case must be returned. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Whether new and material evidence has been received to reopen a claim for DIC benefits is remanded. The December 2020 Board remand instructed the Regional Office (RO) to issue a Statement of the Case (SOC) that addressed the issue of whether new and material evidence had been received to reopen a claim for DIC benefits. The appellant and her representative were to be informed that to complete the appellate process for this issue, she should submit a timely substantive appeal. If the appellant perfected her appeal by filing a substantive appeal, the matter should be returned to the Board for further appellate review, if otherwise in order. This was not accomplished as the RO furnished the appellant with a supplemental SOC, which did not necessarily require a response with a substantive appeal. The Board emphasizes that until a substantive appeal has been filed, it is without jurisdiction to address the issue. See 38 C.F.R. § 19.22. Therefore, the appellant must be provided an opportunity to file a substantive appeal and under these circumstances, the case must be returned for corrective action. The matter is REMANDED for the following action: Issue an SOC that addresses the issue of whether new and material evidence has been received to reopen a claim for DIC benefits. Inform the appellant and her representative that to complete the appellate process for this issue, she should submit a timely substantive appeal. If the appellant perfects her appeal by filing a timely substantive appeal, the matter should be returned to the Board for further appellate review, if otherwise in order. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph P. Gervasio 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.