Citation Nr: A25035296 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 241029-485204 DATE: April 16, 2025 REMANDED Entitlement to dependency and indemnity compensation (DIC), from May 6, 2007, to the date of the appellant's remarriage, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1969 to February 1971. The Veteran passed away on May 6, 2007, and the Board is grateful to the Veteran's family for his service to our country. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2024 administrative decision of the agency of original jurisdiction (AOJ). The appellant was the Veteran's spouse at the time of his death, and the AOJ has determined that the appellant's relationship to the Veteran has been established. See 38 U.S.C. § 5104A (any finding favorable to the claimant shall be binding on all subsequent adjudicators within VA unless clear and convincing evidence is shown to the contrary to rebut such favorable finding). In the October 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the appellant elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the August 2024 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. However, because the Board is remanding the claim, any evidence the Board could not consider will be considered by the AOJ in the adjudication of the claim. 38 C.F.R. § 3.103(c)(2)(ii). Entitlement to DIC from May 6, 2007, to the date of the appellant's remarriage, is remanded. In September 2007, the AOJ denied service connection for the Veteran's death as the evidence failed to show that the Veteran's death was service-connected. In October 2023, the appellant filed a VA Form 20-0995, supplemental appeal, to re-open the claim, and entitlement to service connection for cause of death was granted in a December 2023 AOJ rating decision. In January 2024, the AOJ sent the appellant a development letter requesting information regarding whether she had ever remarried after the death of the Veteran on May 6, 2007. See January 2024 Subsequent Development Letter. In response, the appellant made the AOJ aware that she had remarried in 2017. See January 2024 VA 21-4138. The AOJ stated that a retroactive award cannot be determined or awarded, without knowing the date of the appellant's remarriage. In July 2024, the appellant submitted a VA 21-686c, Application Request to Add and/or Remove Dependents, without identifying the date of her remarriage. In August 2024, the AOJ issued a letter to the appellant, stating that, "We denied your claim for DIC, Survivor pension and accrued benefits. The evidence shows that you remarried following the Veteran's death." See August 2024 Notification Letter. Prior to the August 2024, AOJ denial, the AOJ did not follow up or request the information in any other communication evidenced in the record, which is the only information necessary, and relevant, to decide this particular appeal. Under the AMA, the Board has the duty to remand issues when necessary to correct a pre-decisional duty-to-assist error. See 38 C.F.R. § 20.802(a). Specifically, the claim must be remanded to obtain information from the appellant to substantiate the date of her remarriage, including but not limited to, the marriage certificate. Accordingly, the matter is REMANDED for the following action: Contact the appellant and request that she provide information to substantiate the date of her remarriage, to include a copy of her marriage certificate. Associate with the claims file and make available for review, the date of her remarriage or any documents substantiating as such. J. NICHOLS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Bastin, Bardia 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.