Citation Nr: A25039733
Decision Date: 04/30/25	Archive Date: 04/30/25

DOCKET NO. 230913-381379
DATE: April 30, 2025

REMANDED

Entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 is remanded.

Entitlement to accrued benefits is remanded.

Entitlement to survivors' pension benefits is remanded.

REASONS FOR REMAND

The Veteran died in June 1991.  The Appellant is the Veteran's surviving child. 

On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA).  84 Fed. Reg. 138,171 (Jan. 18, 2019).  This law creates a new framework for Veterans dissatisfied with the Department of Veterans Affairs (VA's) decision on their claim to seek review.  The AMA became effective on February 19, 2019.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2023 decision by the Agency of Original Jurisdiction (AOJ).  In September 2023, the Appellant submitted a VA Form 10182 (Decision Review Request: Board Appeal) and elected the Direct Review docket.  Therefore, the Board may only consider the evidence of record at the time of the August 2023 AOJ decision on appeal. 38 C.F.R. § 20.301.

After a review of the claims file, the Board finds that the Appellant's claims file is incomplete.  Although it appears the AOJ had the Veteran's social security number and name to verify his service, it appears that the AOJ attempted to verify the Veteran's service under the incorrect name.  See, e.g., March 2023 records request (showing records request under the names Arthur Garrett and Arthur Arthur Garrett).  Hence, there is no information relating to the Veteran's service dates.  Notably, there is no DD Form 214 or similar form certifying the Veteran's active duty service associated with the claims file.  

Accordingly, remand is necessary to ensure that the Veteran's complete file has been obtained and associated with the claims file prior to adjudication on the merits. 

The matters are REMANDED for the following action:

Upload into the electronics claims file a complete copy of all records related to the instant application benefits, to include certification of the Veteran's service.  

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Marley, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.