Citation Nr: 0001843 Decision Date: 01/24/00 Archive Date: 02/02/00 DOCKET NO. 95-35 276 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to retroactive dependency and indemnity compensation (DIC) benefits for a dependent child. REPRESENTATION Appellant represented by: Texas Veterans Commission WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD P.B. Werdal, Counsel INTRODUCTION The veteran retired in April 1972 after more than 20 years of active service. He died in December 1984, and in January 1985 his death was deemed service-connected. At the time of his death he was married, and had a stepson aged 17 years. This matter comes before the Board of Veterans' Appeals (Board) pursuant to a June 16, 1999, Order of the United States Court of Appeals for Veterans Claims (Court) in which the Board's June 1997 decision denying entitlement to a retroactive dependency and indemnity compensation (DIC) allowance for a dependent was vacated, and the matter was remanded for preparation of a decision that reflected the Board's consideration of all the evidence, including the applications by the veteran's stepson that were apparently intended, at least in part, to pertain to DIC benefits under Section 156 of Public Law 97-377, 96 Stat. 1920-22 (1982), the Restored Entitlement Program for Survivors (REPS). REMAND The Board notes that in February and March 1988 the RO received Department of Veterans Affairs (VA) Forms 21-8924, Application for Benefits under the Provisions of Section 156, Public Law 97-377 (REPS claim), signed by the veteran's stepson as the claimant. The claims folder contains a VA document entitled "Memorandum" signed by an adjudicator and an authorizer, dated April 19, 1988. That document identifies the issue as establishment of service-connected death or entitlement to REPS benefits, and reports a decision that the veteran's service-connected conditions were established as a factor in the cause of death in a January 1985 rating decision. The claims folder contains no copies of correspondence prepared or additional action taken by VA in regard to the veteran's stepson's REPS claim. There are, however, notations on the front of the VA Form 21-8924 received in March 1988 as follows: "EP 291", with a date of April 19, 1988; and "EP 400" or possibly "EP 402", with a date of June 22, 1988. The record before the Board consists only of the one volume "XC" claims folder, and from it the Board cannot discern what action was taken in response to the veteran's stepson's REPS claim in response to the VA Forms 21-8924 he submitted in 1988. Accordingly, this matter is REMANDED for the following action: 1. The appropriate VA Regional Office (RO) should associate with the claims folder documentation, including but not limited to any REPS folders prepared regarding this matter, of the action taken with regard to the 1988 claims of entitlement to REPS benefits. If there is a separate file regarding benefits pursuant to Chapter 35 of title 38, Survivors' and Dependents' Educational Assistance, those documents should be associated with the claims folder as well. 2. Upon completion of any additional action deemed appropriate by the VARO, this matter should be readjudicated and returned to the Board for further appellate consideration, if necessary. The significance of the February and March 1988 applications for REPS benefits upon the appellant's claim should be addressed. If the claim remains denied, an appropriate supplemental statement of the case should be prepared. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This remanded matter 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 (known as the United States Court of Veterans Appeals prior to March 1, 1999) 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. 1998) (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. John E. Ormond, Jr. 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).