Citation Nr: 21025773 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 17-00 009A DATE: April 29, 2021 REMANDED Entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran's death is remanded. Whether the Appellant is eligible for substitution as the claimant in a February 2004 claim for entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND 1. Entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran's death is remanded. 2. Eligibility of the Appellant for substitution in a February 2004 appeal for entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran's death is remanded. The Veteran had active military service from April 1958 to April 28, 1961, and from April 30, 1961 to November 1977. The Veteran passed away in April 1997. In a November 2003 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for the cause of the Veteran’s death effective September 8, 2002. In a February 2004 statement, the Veteran’s widow disagreed with the effective date assigned by the November 2003 rating decision. Entitlement to an earlier effective date was denied in a February 2004 letter and a November 2005 Statement of the Case (SOC). The Veteran’s widow submitted a January 2006 VA Form 9 appealing this issue to the Board. The AOJ implicitly accepted this VA Form 9 as timely by issuing an October 2006 Supplemental Statement of the Case (SSOC). Percy v. Shinseki, (23 Vet. App. 37). This appeal was not transferred to the Board, and has remained pending since that time. The current Appellant is the Veteran’s daughter. She asserts that her mother, the Veteran’s widow, passed away. The Appellant has pursued her own appeal for entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran’s death. This second appeal stems from an August 2014 rating decision. Before the Board can adjudicate the merits of the issue of entitlement to an effective date earlier than September 8, 2002, for the cause of the Veteran’s death, the AOJ must determine whether the current Appellant is eligible as a substitute in her mother’s February 2004 appeal. The issues are inextricably intertwined, and a remand of the issue of whether the Appellant is eligible for substitution as the claimant in the February 2004 appeal for entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran’s death is required. The issue of entitlement to an effective date earlier than September 8, 2002, for service connection for the cause of the Veteran’s death also requires that the Board verify the death of the original claimant, the Veteran’s widow. Upon remand, an attempt should be made to obtain a death certificate verifying this death. The matters are REMANDED for the following action: 1. Request that the Appellant submit a death certificate verifying the death of E.J., her mother/the Veteran’s widow. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of whether the Appellant is eligible for substitution as a claimant in a February 2004 appeal for entitlement to an effective date earlier than September 8, 2002 for service connection for the cause of the Veteran’s death. Please be advised that VA issued an October 2006 SSOC implicitly recognizing a January 2006 VA Form 9 regarding this issue as timely, but did not transfer the appeal to the Board. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Budd, 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.