Citation Nr: 0006531 Decision Date: 03/10/00 Archive Date: 03/17/00 DOCKET NO. 98-04 997A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office and Insurance Center (AOJ) in Philadelphia, Pennsylvania THE ISSUE Entitlement to Supplemental Service Disabled Veterans Life Insurance (SRH) under 38 U.S.C.A. § 1922A (West 1991). REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Neil Reiter, Counsel INTRODUCTION The veteran served on active duty from October 1957 to April 1962. He was born in September 1940. In August 1997, the AOJ informed the veteran that his application for SRH insurance had been denied because such application had not been timely filed. The veteran timely appealed this determination. FINDINGS OF FACT 1. In a rating in July 1983, the Newark, New Jersey, Regional Office (RO) granted the veteran service connection for disability of the left ankle, evaluated as 10 percent disabling. 2. In December 1983, the veteran applied for, and was subsequently granted, an RH insurance policy in the face amount of $10,000. 3. In August 1994, the veteran signed an application for waiver of premiums on his RH insurance policy. 4. In September 1994, the veteran was notified that he had been granted a waiver of premiums on his RH insurance policy, effective from August 9, 1993. 5. An application for SRH insurance was received from the veteran in August 1997. 6. The veteran's application for SRH insurance was not received within one year of the date that notice of a waiver of premiums of his RH insurance policy was sent to him. CONCLUSION OF LAW SRH insurance may not be issued to the veteran, as a timely application for such insurance was not received from him. 38 U.S.C.A. §§ 1922A, 5107 (West 1991). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran contends that the AOJ did not provide notice to him of his potential eligibility for SRH insurance during the applicable time period, and that he should be able to acquire such insurance currently. He maintains that he was not provided notice of his potential eligibility for SRH insurance at the time he received notice of his waiver of premiums on his RH insurance policy. I. Background A claim for service connection for disability was received from the veteran in December 1982. In a rating in July 1983, the RO granted service connection for disability of the left ankle, evaluated as 10 percent disabling. (The rating for this disability has been increased to 20 percent recently, effective from September 23, 1997). In December 1983, the veteran submitted an application for RH insurance in the face amount of $10,000. He was granted such insurance policy. In August 1994, the veteran signed an application for waiver of premiums under RH insurance policy. Computer generated printouts indicate that the AOJ determined in September 1994 that the veteran was entitled to a waiver of premiums on his RH insurance, effective from August 1993. The current record does not contain the written notice to the veteran informing him of the waiver of premiums. In August 1997, an application for SRH insurance in the face amount of $20,000 was received from the veteran. Subsequently, the AOJ informed the veteran that his application for SRH insurance had been denied because it was not timely filed. The AOJ informed the veteran that he had one year from the receipt of his notice that he was entitled to a waiver of premiums on his RH insurance policy to apply for SRH insurance, and that an application for SRH insurance had not been received within that one-year time period. In a statement in September 1997, the veteran disagreed with this determination by the AOJ, indicating that he had not been informed of his option to apply for an purchase SRH insurance at the time that he received notice of his waiver of premiums on his RH insurance policy. Subsequently, the regional office added copies of recently amended VA insurance procedures to the present claims file, indicating that "any insured found to be eligible for waiver of premiums on their original RH insurance will receive an invitation to apply for Supplemental RH Insurance with their Waiver of Premium Notification Letter." At a hearing at the AOJ in June 1998, the veteran again stated that he did not receive any notice from the AOJ of his eligibility to apply for SRH insurance until 1997, when he was talking to Department of Veterans Affairs (VA) personnel. He noted that he received notice of a waiver of premiums on his RH insurance, but that no notice of potential eligibility for SRH insurance was included with such notice. The AOJ included a computer generated printout in the present claims file indicating that the veteran was sent notice of the waiver of premiums in September 1994. II. Analysis Any person receiving RH insurance qualifying for a waiver of premiums of such insurance is eligible for supplemental insurance in an amount not to exceed $20,000. To qualify for such supplemental insurance, a person must file an application for such insurance. Such application must be filed no later than (1) October 31, 1993, or (2) the end of the one-year period beginning on the date in which the Secretary notifies the person that he or she is entitled to a waiver of premiums, whichever is later. 38 U.S.C.A. § 1922A. In this case, there is evidence in the present file that the AOJ notified the veteran in September 1994 that he was entitled to a waiver of premiums on his RH insurance policy. In September 1997, and again at his hearing in June 1998, the veteran has specifically indicated that he did receive this written notification. While such notification is not presently in the file, the veteran's statements in 1997 and 1998 do not dispute his receipt of such notification. He did not apply for SRH insurance within one year of this notice of his entitlement to a waiver of premiums on the RH insurance. Thus, he is not eligible for SRH insurance because such application, received in August 1997, was not received in a timely manner. The SRH insurance application was not received within one year of the date that notice was sent to him of the grant of a waiver of premiums on the RH insurance policy. The Board understands the veteran's contentions regarding the lack of notice to him of his eligibility for SRH insurance. Clearly, the record does not reflect any written documentation that notice was sent to him of his eligibility for SRH insurance in conjunction with the notice that he was eligible for a waiver of premiums on his RH insurance. The Board would note that it is the routine business practice of the AOJ to send such notice, but it is also routine business practice to retain neither the copy of the notice of the waiver of premiums nor a copy of the notice that he was eligible for SRH insurance. In any event, such notice is not required by law or regulation, nor mandated by the scope of the VA duty to assist. The Board is bound by the one-year time period for application, as set forth by Congress. There is nothing in the record to indicate that the veteran has an adequate legal excuse for the lack of a timely filed application for SRH insurance. It is noted that the VA makes every effort to advise veterans of their potential eligibility for benefits. However, the vast array of benefits makes it impossible for the VA to inform every veteran or person of every possible potential benefit for which he or she might be entitled. Ultimately, it is the responsibility of the veteran to contact the VA and request specific information about specific types of benefits, and to apply for specific benefits in a timely manner. The Court of Appeals for Veterans Claims has indicated that the VA does not have the duty to provide veterans and their dependents with personal notices of their eligibility for specific benefits. Hill v. Derwinski, 2 Vet. App. 451 (1991). Again, in this case, VA procedures did, in fact, provide for notice to be sent to potential eligible veterans about SRH insurance once a waiver of premiums on RH insurance was sent to such veterans. In conclusion, the veteran did not apply for SRH insurance within the applicable time period as prescribed by law, and he is not entitled to such insurance. 38 U.S.C.A. § 1922A. ORDER Entitlement to SRH insurance is not established. The appeal is denied. ROBERT D. PHILIPP Member, Board of Veterans' Appeals