Citation Nr: 21030935 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-32 637 DATE: May 20, 2021 REMANDED The issue of entitlement to an effective date prior to August 1, 2014, for the award of Dependency and Indemnity Compensation (DIC) under 38 C.F.R. §1318 is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from June 1962 to November 1976. The Veteran died in April 2013. The Appellant is his surviving spouse. The current appeal arose from a July 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Appellant is seeking an earlier effective date for the award of DIC benefits under 38 U.S.C. §1318. After a thorough review of the evidence on the record, the Board finds that a remand is necessary prior to the adjudication of the Appellant's claim. Generally, the effective date of an award of DIC for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. 38 U.S.C. § 5110 (a); 38 C.F.R. § 3.400. Payment of monetary benefits will commence the month following the effective date of the award. 38 C.F.R. § 3.31. A specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by § 3.153) must be filed in order for death benefits to be paid to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.152(a). An application on a form jointly prescribed by the Secretary and the Commissioner of Social Security filed with the Social Security Administration on or after January 1, 1957, is considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. 38 C.F.R. § 3.153. Included in the claims file is a letter from SSA informing the Appellant that she was entitled to a payment due to the Veteran's deathand that she could file another application for benefits if she felt entitled to another type of benefit. See July 2016 SSA/SSI Letter. The Appellant asserts that, after receiving a lump sum payment from Social Security Administration (SSA), she filed for other benefits with SSA in Hyannis, Massachusetts. See November 2016 Correspondence. The Agency of Original Jurisdiction (AOJ) underwent development to confirm if the Appellant filed a claim for benefits with SSA. See August 2015, October 2015, and December 2015 Deferred Rating Decisions (VA Form 21-6789). In December 2015, it was reported that VA called the SSA field office to confirm if the Appellant filed an application for benefits with SSA. The SSA representative informed the VA representative that all calls for the field office were being rerouted to their office and that she would not be able to provide the requested information at that time. See December 2015 Report of General Information (VA Form 27-0820). Then, in February 2016, it was reported that VA spoke with an SSA representative, who stated that she could not release the requested information or send any paperwork to the VA office. The SSA representative continued that she would consult with another representative in the SSA office the following day to see if the requested information can be released. See February 2016 Report of General Information (VA Form 27-0820). The claims file does not reveal any further contact or development regarding the requested information. After the February 2016 contact, there was no definite negative response provided as to whether the Appellant filed an application for benefits with SSA. This information is crucial prior to the Board's rendering of a decision in the appeal for an earlier effective date for the payment of DIC benefits. A remand is necessary in order for the AOJ to complete the development with the SSA. The development requested herein is directed to documentation involving SSA benefit applications, SSA decisions, and medical records used in support of any such SSA determinations. This matter is REMANDED for the following: 1. Contact the Social Security Administration (SSA) and request copies of any decisions, including applications and supporting medical records, regarding the Appellant. All efforts to obtain SSA records should be fully documented, and a negative response must be provided if records are not available. Any negative responses must be documented in the claims file. 2. Then, after the development requested above has been completed to the extent possible, readjudicate the claim. If the benefit sought remains denied, furnish to the Appellant and her representative an appropriate supplemental statement of the case (SSOC). The Appellant and her representative should be afforded the appropriate time period to respond. Thereafter, if indicated, the case should be returned to the Board for the purpose of appellate disposition. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Middleton, 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.