BVA9502733 DOCKET NO. 93-07 998 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to an effective date earlier than July 17, 1992, for assignment of nonservice-connected pension and special monthly pension based on the need for regular aid and attendance. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Sandra L. Smith, Associate Counsel INTRODUCTION The veteran had active service from September 1944 to January 1946. This appeal is before the Board of Veterans' Appeals (the Board) from a July 1992 rating decision of the Regional Office (RO) which assigned an effective date of July 17, 1992, for assignment of nonservice-connected pension benefits, and for special monthly pension based on the need for regular aid and attendance. REMAND The veteran contends that an earlier effective date is warranted because he and his wife submitted his written claim on or about April 21, 1992. Furthermore, he alleges the RO misplaced his claim for several months before it was officially "date-stamped" as having been received on July 17, 1992. The law governing the appropriate effective date for an award for nonservice-connected pension and aid and attendance is well settled. 38 U.S.C.A. § 5110(a) provides: Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, or compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. The Board notes that although the "date-stamp" on the written claim is evidence, the controlling date is the actual date the claim was received by the VA, not necessarily the date that the claim was date-stamped. The veteran has submitted a statement from his wife to the effect that the claim was given to an individual in the "Boone County V.A. Office" on or about April 21, 1992. When the veteran's wife contacted this person on or about July 17, 1992, he indicated that the claim had been forwarded to the RO in April 1992 and he "would check into it." This individual subsequently called the veteran's wife and stated he had been told they could not locate the application. The veteran was notified in early August that his claim had been received in the RO's office on July 17, 1992. The Board notes that the claim and its attachments are dated "April 21, 1992." They are all stamped by "ADVA" on July 17, 1992, and by the RO on the same date. It is unclear what "ADVA" is, although presumably it is the Arkansas Department of Veterans Affairs. It is, in our view, also likely that the "VA" County Officer to which reference is made is a State officer. Nevertheless, this matter should be clarified for the record. It should also be determined whether the County Officer has a log of people that he saw that day, and whether there are any files documenting the events in question. Additionally, it should be determined whether this veteran, who had been originally assigned pension benefits in 1989, was receiving any VA care at the time in question. Such records, in some circumstances, form the basis of an informal claim. The VA has a duty to assist the appellant in developing pertinent information relating to his claim pursuant to 38 U.S.C.A. § 5107(a) (West 1991). The Court of Veterans Appeals has held that this includes a duty to obtain records from any source. Littke v. Derwinski, 1 Vet.App. 90 (1990). In this case, the veteran's allegations do seem plausible. Yet, there is no indication in the claims folder that the RO made any attempt to investigate this matter further. Thus, the Board believes that the RO should contact the named individual at the office identified as the "Boone County V.A. Office" to obtain any available evidence as to how and when the claim was delivered to the RO. In light of the above facts the Board has determined that the case should be REMANDED for the following actions: 1. The RO should obtain information from the individual at the "Boone County V.A. Office" as to how and when the veteran's claim was delivered to the RO. Information should also be elicited as to any follow-up conversations the individual might have had with VA personnel. It should be determined whether there are any logs of people seen on the date in question, and whether there are any files containing information as to the events in question. Additionally, the origin of the "ADVA" stamp should be determined. Finally, the relationship of the "Boone County VA Office" to the United States Department of Veterans Affairs should be entered into the record. 2. The veteran, through the assistance of his representative and his wife as spouse- payee should be contacted for the purpose of ascertaining whether he had any medical treatment at a VA facility prior to July 1992. If so, copies of any treatment records should be obtained. 3. Following the completion of the above development the RO should readjudicate the issue of an earlier effective date for the veteran's nonservice-connected pension and aid and attendance, based on all the evidence of record including the date stamped on the claim. If the claim remains denied, the veteran and his representative should be issued a supplemental statement of the case and they should be afforded the appropriate period of time within which to respond thereto. Then, if otherwise in order, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until he is notified. It is noted that the veteran's wife may become the appellant, on behalf of the veteran as she has recently been made spouse-payee. As such, care should be taken to see that she is accorded due process in the ongoing development of this appeal. The Board intimates no opinion, either legal or factual, as to the ultimate disposition warranted in this case, pending completion of the requested development. MICHAEL D. LYON Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 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. 38 C.F.R. § 20.1100(b) (1994).