Citation Nr: 0005793 Decision Date: 03/03/00 Archive Date: 03/14/00 DOCKET NO. 96-49 142 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUE Entitlement to an effective date earlier than March 1, 1994, for the payment of death pension benefits, based on a claim filed February 22, 1994. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate for Veterans Affairs ATTORNEY FOR THE BOARD L.A. Howell, Counsel INTRODUCTION The veteran served on active duty from September 1950 to August 1952. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico, which granted entitlement to death pension benefits by decision dated in July 1994 and assigned an effective date of March 1, 1994, the first day of the month following the month the claim was filed. The claim on file in the claims folder was received February 22, 1994. The appellant, the veteran's widow, challenges the effective date of the grant of death pension benefits. This is the only issue that is developed for appellate review. A claim for additional death pension benefits was the subject of a 1998 rating decision. The claim was denied. The matter is not otherwise developed for review by the Board. REMAND The appellant contends, in essence, that she is entitled to an effective date earlier than the one currently assigned for the grant of entitlement to death pension benefits. Specifically, she maintains that the she is entitled to pension benefits retroactive to October 1991, the date she claims she first filed the application for benefits with the Puerto Rico Public Advocate for Veterans Affairs office in Aguadillo, Puerto Rico. Although an initial review of the appellant's claim fails to show that she filed a claim in October 1991, the Board notes that on her 1994 VA Form 21-534, Application for Dependency and Indemnity Compensation or Death Pension by a Surviving Widow or Child, the appellant acknowledged that she was entitled to and receiving Social Security Administration (SSA) benefits. The Board notes that a claim filed with SSA may be considered a claim filed for death benefits and may be deemed to have been filed with VA as of the date of receipt by SSA. However, the record does not reflect what type of form the appellant used to apply for SSA benefits, or when the completed form was received by the SSA. This information should be ascertained prior to appellate review. See 38 C.F.R. § 3.153 (1999). This will assist in the completion of the application and is a matter of due process. In view of the foregoing, this case is REMANDED for the following actions: 1. The RO should, with the assistance of the appellant and her representative as indicated, contact the SSA in order to determine whether the appellant applied for SSA benefits on an application form which meets the requirements of 38 C.F.R. § 3.153, and to secure a copy of the claim form she submitted. 2. The appellant and her representative are advised that while the case is on remand status, they are free to submit additional evidence and argument. See Kutscherousky v. West, 12 Vet. App. 369 (1999); Quarles v. Derwinski, 3 Vet. App. 129, 141 (1992). 3. The RO should then readjudicate the issue of entitlement to an earlier effective date for death pension benefits. In the event the benefits sought are not granted, the appellant and her representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. The Board intimates no opinion, either legal or factual, as to the ultimate disposition warranted in this claim. No action is required of the appellant until she is notified. This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. MICHAEL D. LYON Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).