Citation Nr: 22013434
Decision Date: 03/09/22	Archive Date: 03/09/22

DOCKET NO. 14-37 523
DATE: March 9, 2022

REMANDED

Entitlement to recognition of M.S., S.S., R.C., and A.C. as the Veteran's children for dependency and indemnity compensation (DIC) purposes is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2001 to March 2004.  Unfortunately, he died in August 2010.  The appellant is the Veteran's surviving spouse.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2011 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, remand of this matter is necessary prior to adjudication on the merits.

Entitlement to recognition of M.S., S.S., R.C., and A.C. as the Veteran's children for DIC purposes is remanded.

At the time of his death in August 2010, the Veteran had a pending claim for recognition of his spouse and stepchildren as his dependents for VA purposes.  See June 2010 VA Form 21-686c.  In August 2010, the Veteran's surviving spouse submitted VA Form 21-534, Application for DIC, Death Pension, and Accrued Benefits, which can be construed as a request for substitution in the pending dependency claim. However, it does not appear from the record that the RO has ever specifically adjudicated either the request for substitution or the dependency claim that was pending at the time of the Veteran's death.  As this pending dependency claim involves matters that are inextricably intertwined with the issue on appeal, remand is warranted to ask the RO to adjudicate the request for substitution and, if appropriate, the Veteran's June 2010 dependency claim.  See Smith (Daniel) v. Gober, 236 F.3d 1370, 1373 (Fed. Cir. 2001) (Where the facts underlying separately claims are "intimately connected," the interests of judicial economy and avoidance of piecemeal litigation require that the claims be adjudicated together); see also Harris v. Derwinski, 1 Vet. App. 180 (1991) (issues are inextricably intertwined if one claim could have significant impact on the other).

The matter is REMANDED for the following action:

After adjudicating the August 2010 request for substitution and, if appropriate, the June 2010 dependency claim, readjudicate the issue on appeal.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, 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.