92 Decision Citation: BVA 92-07209 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 90-49 306 ) DATE ) ) ) THE ISSUE Basic eligibility of the appellant to Department of Veterans Affairs (VA) improved death pension benefits. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Karen Galla, Associate Counsel INTRODUCTION This appeal stems from an August 1989 determination by the Regional Office (hereinafter RO), in New Orleans, Louisiana, which informed the appellant that she was not entitled to basic eligibility for improved death pension benefits, as they were unable to verify her husband's military service. The appellant filed a notice of disagreement with this determination in September 1989, and she was issued a statement of the case in November 1989. She filed a substantive appeal in November 1989. The claim was forwarded to the Board of Veterans' Appeals (hereinafter the Board), and was received in January 1990. The appeal was docketed in July 1990, and the appellant's accredited representative, the Disabled American Veterans, prepared an informal hearing presentation on her behalf dated October 1990. The Board, in a decision dated December 1990, remanded the appellant's claim to obtain information relating to the appellant's husband's service from the Director of the Houston National Cemetery, where her husband was buried in April 1986. Copies of some records were received from the Houston National Cemetery, and the appellant was issued a supplemental statement of the case in March 1991. The appeal was then forwarded to the Board, and was received and docketed in September 1991. An informal hearing presentation was prepared on the appellant's behalf by the Disabled American Veterans dated December 1991, and the appeal is now ready for appellate consideration. REMAND Information on file reflects that the appellant's husband died in April 1986, and was buried in the Houston National Cemetery. The appellant asserts that her deceased husband served on active duty from November 1951 to October 1955, under Service Number [redacted]. Information obtained from the Director of the Houston National Cemetery indicates that the appellant's deceased husband, (hereinafter I. [redacted]), served honorably in the United States Armed Forces from November 29, 1951, to October 26, 1955, and that he had been buried in the Houston National Cemetery in April 1986. His former spouse, [redacted], (hereinafter G. [redacted]), was interred in the Houston National Cemetery in December 1976. The National Personnel Records Center has been unable to verify any active military service of the appellant's deceased husband, and the appellant's claim for death pension benefits was denied by the RO on this basis. The Board, in a remand decision dated December 1990, instructed the RO to contact the Director of the Houston National Cemetery and request copies of all documents in his possession relating to the burial of I. [redacted], and his former spouse, G. [redacted] In February 1991, the RO received copies of documentation from the Houston National Cemetery. However, the majority of this information related to the burial of I. [redacted], the appellant's husband, including a Verification of Eligibility for Burial in a National Cemetery, a VA Form 40-4962. The Board notes that the appellant's husband's service would have had to have been verified in December 1976, when his first wife, G. [redacted], died and was buried in the Houston National Cemetery. A VA Form 40-4956, a Record of Interment, for G. [redacted] indicates that a copy of I. [redacted]'s honorable discharge was presented when she was buried, and that he signed an agreement for burial. However, this Record of Interment is the only document relating to the burial of G. [redacted], and an agreement for burial of G. [redacted], or a copy of the veteran's honorable discharge is not of record. We believe that that the RO should make another attempt at verifying I. [redacted]'s military service by contacting the Director of the Houston National Cemetery, and requesting that any further documentation on the burial of G. [redacted] be provided. In addition, we conclude that the National Personnel Records Center in St. Louis, Missouri, should be contacted again in an attempt to verify the appellant's husband's service. Finally, the appellant's husband's niece, [redacted], is named as the informant on I. [redacted]'s death certificate, and an Indiana address is given for her. She is the individual who made arrangements with Houston National Cemetery to have I. [redacted] buried there. We believe it would be beneficial to contact her to ascertain whether she might have any documentation verifying I. [redacted]'s service or can provide any information as to any possible source of such verification. In the alternative, she should be requested to provide any information she may have about where I. [redacted] resided following his discharge from service, as it was a common practice to instruct veterans to register their service discharges at the local courthouse after being separated from service. The Board believes that any information that can be elicited from I. [redacted]'s niece would be beneficial. In light of the foregoing, the appeal is REMANDED to the RO for the following action: 1. The RO should contact the Director of the Houston National Cemetery and request that he provide copies of any additional documents in his possession relating to the burial of G. [redacted], the appellant's deceased husband's former spouse, in the National Cemetery. It should be explained to the Director that the majority of documentation received by the RO was executed in 1986, when the appellant's husband, I. [redacted], died, and that G. [redacted] was buried in December 1976. Any additional records received from the Director should be incorporated into I. [redacted]'s claims folder. 2. The RO should then contact I. [redacted]'s niece, [redacted], and request that she provide any available documentation verifying her uncle's military service. If she is unable to locate any documentation, or furnish any source for such information, she should be requested to provide any information she may have relating to I. [redacted]'s residence at the time of his discharge from service. If [redacted] is able to provide this information, a search should be made of local records to ascertain whether I. [redacted] registered his service discharge. Any information or documentation obtained should be associated with the current claims folder. 3. The RO should also contact the National Personnel Records Center in St. Louis, Missouri, and request that they attempt to make another verification of the appellant's husband's service. It should be determined if the National Personnel Records Center can relate the service number of record to any specific individual. If so, pertinent information as to that individual should be requested. 4. The number considered to be a "service number" could be a VA claims number. That number should be checked within the VA system to clearly rule out the possibility that it is another claim number for I. [redacted] 5. The appellant's representative has also requested that a check be conducted under the recognized claim number for other possible records. Such a check should be conducted and the results fully documented. 6. After completion of the above development, the RO should review the evidence of record and make a determination as to whether the appellant is basically eligible for improved death pension benefits. 7. If this determination remains adverse to the appellant, both she and her representative should be provided with a supplemental statement of the case, outlining all the pertinent evidence of record. After affording the appellant and her representative a reasonable opportunity to respond to the supplemental statement of the case, the appeal should be returned to the Board for further study. No action on the appellant's or her representative's part is required until either receives further notice. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 Continued on Next Page WARREN W. RICE, JR. ROBERT D. PHILIPP FRANCIS F. TALBOT Under 38 U.S.C. § 7252 (1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.