Citation Nr: 21027366 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 15-14 349 DATE: May 5, 2021 REMANDED Entitlement to an effective date earlier than February 20, 1994, for the grant of dependency and indemnity compensation (DIC) benefits based on service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1951 to June 1977. The Veteran died in August 11, 1992, and the appellant is his surviving spouse. This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), which granted DIC benefits effective November 28, 2011. This appeal has previously been before the Board. In a February 2017 decision, the Board denied the appellant's claim for an effective date earlier than November 28, 2011, for the grant of DIC benefits. The appellant appealed to the United States Court of Appeals for Veterans Claims (Court). In an April 2018 Joint Motion for Remand (JMR), the parties requested that the Court vacate the February 2017 Board decision because the Board failed to fulfill its duty to assist by not requesting documents associated with appellant's application for survivor benefits from Social Security Administration (SSA). The Court granted the JMR in a May 2018 Order. In January 2019 the Board, in accordance to the May 2018 JMR, remanded the issue on appeal for the Agency of Original Jurisdiction (AOJ) to obtain all documents pertaining to the appellant's application for SSA survivor benefits, which was reportedly filed in 1993. The AOJ sent SSA a communication and asked for the date the appellant was awarded Social Security benefits as a survivor/widow of the Veteran. See 4/12/2019 MAP-D Development Letter. A December 2019 rating decision granted an effective date of February 20, 1994 based on the response from SSA regarding when the appellant became entitled to survivor/widow's benefits. Then, after a January 2020 Supplemental Statement of the Case considered the record, this matter was returned to the Board for appellate consideration. However, another remand is required because there has not been substantial compliance with the January 2019 Board remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). An effective date earlier than February 20, 1994, for the grant of DIC benefits based on service connection for the cause of the Veteran's death. After review of the record, another remand is required in this case to ensure that VA's responsibilities under the duty to assist are followed and that the appellant is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Where a claim is filed with SSA on a form jointly prescribed by the Secretary and the commissioner of SSA, such application "shall be deemed to be an application for benefits" to both agencies on the date the application is filed. 38 U.S.C. § 5105(b); 38 C.F.R. § 3.201. Any application form filed with SSA requesting survivor's benefits suffices to warrant an effective date for dependency and indemnity compensation benefits based on the date of the SSA application. See Van Valkenburg v. Shinseki, 23 Vet. App. 113, 114-19 (2009). The appellant contends entitlement to an earlier effective date of August 11, 1992, the date the Veteran died, for the grant of DIC benefits. See 10/18/2012 NOD. Additionally, the appellant contends that she filed a claim for SSA survivor benefits in 1993. See 5/18/2018 CAVC Decision, at page 2. As mentioned above, the January 2019 the Board remand directed the AOJ to obtain all documents pertaining to the appellant's application for SSA survivor benefits. However, the AOJ requested SSA the date the appellant was awarded Social Security benefits as a survivor/widow of the Veteran. See 4/12/2019 MAP-D Development Letter. SSA provided VA with a letter that stated that the appellant was entitled to the benefits at age 60, which was in February 1994. See 11/26/2019 SSA/SSI Letter. As mentioned above, 38 U.S.C. § 5105(b) states that an "application form filed with SSA requesting survivor's benefits suffices to warrant an effective date for [DIC] benefits based on the date of the SSA application," not on the date of entitlement to the benefit. Additionally, as mentioned above, the appellant contends that she filed a claim for SSA survivor benefits in 1993. Therefore, on remand, the AOJ is to request all documents pertaining to the appellant's application for SSA survivor benefits to clarify the application date. (Continued on the next page) This matter is REMANDED for the following action: Request all documents pertaining to the appellant's application for SSA survivor benefits. All records and/or responses received should be associated with the claims file. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile and allowed the opportunity to provide the records. 38 U.S.C. § 5103A(b)(2); 38 C.F.R. § 3.159(e). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Fuentes, Associate 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.