Citation Nr: 21015462 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 15-06 071 DATE: March 17, 2021 REMANDED Entitlement to an effective date earlier than August 1, 2006 for dependency status in a compensation award is remanded. Entitlement to an effective date earlier than August 17, 2006 for the award of service connection for a left eye disability is remanded. REASONS FOR REMAND The Veteran had active service in the Air Force from July 1954 to August 1964, with additional service in the Army National Guard. He died in May 2019 and the appellant, his spouse, was granted substitution in August 2020. The appeal originates from September 2011 and December 2013 decisions of Department of Veterans Affairs (VA) Regional Offices. The Veteran and the appellant appeared for a hearing before the undersigned in August 2015. The matter was previously remanded in December 2017 and December 2020 for additional development.   1. Entitlement to an effective date earlier than August 1, 2006 for dependency status in a compensation award is remanded. 2. Entitlement to an effective date earlier than August 17, 2006 for the award of service connection for a left eye disability is remanded. As previously discussed in December 2017 and December 2020, the Veteran claimed an earlier effective date for his left eye disability back to 1974. He argued that he timely appealed an October 1974 rating decision that denied service connection for a left eye disability. His claims file had been rebuilt. The matter was initially remanded in December 2017 to obtain all correspondence between VA and the Veteran from 1974 to 1976 from the Oakland and San Diego Regional Offices. In December 2020, the Board found that this development was incomplete and directed that VA obtain such correspondence from the San Diego Regional Office from 1975 to 1976. The record does not reflect any attempt to conduct this development. A supplemental statement of the case (SSOC) was issued a few weeks after the December 2020 Remand and does not indicate any development action was taken. Though the SSOC states that “[a]ll attempts to locate any additional VA Regional Offices records were unsuccessful,” the same statement was contained in the September 2020 SSOC. There was no discussion of what efforts/action was taken. The Evidence section of the SSOC was similarly absent any mention the steps the RO took to comply with the Remand. Moreover, even assuming that VA conducted the development and was unsuccessful, it did not send notice of the unavailability of the records under 38 C.F.R. § 3.159(e) as requested in the December 2020 Remand. As such, another remand is necessary. With respect to an effective date earlier than August 1, 2006 for dependency status in a compensation award, the issue is intertwined with the left eye claim and cannot be adjudicated at this time.   The matters are REMANDED for the following action: Contact the San Diego Regional Office and attempt to obtain all correspondence between VA and the Veteran from 1975 to 1976, to include a copy of a notice of disagreement with respect to an October 1974 rating decision denying service connection for a left eye disability. Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159(c). It would be considerably helpful to document and include any response received from the San Diego RO. If VA attempts to obtain any outstanding records which are unavailable, the appellant should be notified in accordance with 38 C.F.R. § 3.159(e). MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alhinnawi 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.