Citation Nr: 21007921 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 14-12 174A DATE: February 11, 2021 ORDER Entitlement to an earlier effective date of August 1, 2011 for full dollar rate for dependency and indemnity compensation (DIC) benefits is granted. FINDING OF FACT The grant of full dollar rate is a liberalizing law and the Veteran’s wife was a United States citizen that did not leave the United States for more than 60 days for one year prior to July 17, 2012. CONCLUSION OF LAW The criteria for an earlier effective date of August 1, 2011 for the grant of full dollar rate for DIC benefits have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.42, 3.400, 3.405, and 3.505. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Philippine Guerilla from November 1943 to June 1944 and is now deceased. The Veteran’s wife applied for benefits, but she passed while the claim was pending adjudication. The Veteran’s daughter is the appellant and is a proper substitute for the claim. In November 2020, the appellant testified before the undersigned Veteran’s Law Judge (VLJ). A transcript of this hearing has been associated with the claims file. Entitlement to an earlier effective date for the grant of full dollar rate for DIC benefits The appellant contends that her mother should have been awarded full dollar rate for DIC benefits at an earlier date. In support thereof, she asserts that the Veteran’s wife (her mother) moved to the United States from the Philippines in 1980 and became a citizen in 1987. Further, she states that due to problems communicating and family issues, her mother was unable to understand the application process. Her mother was in receipt of a full dollar rate effective August 1, 2012, based on a complete application dated July 17, 2012. In general, the effective date of benefits will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. As explained in the March 2014 statement of the case, the Veteran’s wife applied several times for the grant of full dollar rate for DIC benefits. Under Public Law 108-183, qualifying Filipinos and their survivors can receive benefits at the full dollar rate, rather than a reduced rate. These provisions are found in 38 C.F.R. §§ 3.42, 3.405, and 3.505 and provide the qualifying criteria and procedure for applying for benefits. Further, 38 C.F.R. §§ 3.405 and 3.505 note that Public Law 108-183 is considered a liberalizing law. Given this, the provisions of 38 C.F.R. § 3.114(a) could apply when determining the effective date of an award. However, if those provisions are not satisfied, then the effective date will be determined in accordance with 38 C.F.R. §§ 3.42, 3.405, and 3.505. Turning first to 38 C.F.R. § 3.114 (a), it states, in pertinent part: (a) Effective date of award: Where pension, compensation, DIC, or a monetary allowance under 38 U.S.C. … is awarded or increased pursuant to a liberalizing law… the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue. (1) If a claim is reviewed on the initiative of VA within 1 year from the effective date of the law or VA issue, or at the request of a claimant received within 1 year from that date, benefits may be authorized from the effective date of the law or VA issue. (2) If a claim is reviewed on the initiative of VA more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of administrative determination of entitlement. (3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request. Thus, considering these provisions, 38 C.F.R. § 3.114 (a)(3) may be applicable if the requirements of 38 C.F.R. §§ 3.42, 3.405, and 3.505 are met. The July 2012 notification letter found that the requirements for receipt of a full dollar rate were met and the full dollar rate would start August 1, 2012. Notably, the certificate of citizenship showed that the Veteran’s wife had been a United States citizen since 1987. Further, through various correspondences, she has maintained residence in the United States since then without leaving the country for extended periods. Thus, the requirements for 38 C.F.R. § 3.42(b) and (d) have been met. Considering the above, even though the complete application was submitted July 17, 2012, the requirements for receipt of a full dollar rate were met one year prior to her application. Given that 38 C.F.R. § 3.114 (a)(3) authorizes an effective date one year prior when all requirements are met, the Board finds that the appellant is entitled to receipt of a full dollar rate effective August 1, 2011, one year prior to the current effective date. However, entitlement to a full dollar rate is not permitted prior to this date. At the earliest, a full dollar rate is permitted starting the effective date of the liberalizing law—in 2003. However, the Veteran’s wife did not submit a complete application until July 2012. As her prior applications were incomplete, an earlier effective date than what is granted herein is not warranted. Bethany L. Buck Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. M. Hitchcock 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.