Entitlement to an effective date of July 1, 2019, but no earlier, for the award of Dependency and Indemnity Compensation (DIC) for the Veteran's death in service is granted, subject to controlling regulations governing…

Citation Nr: A26069968 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 220308-226357 DATE: July 30, 2026 ORDER Entitlement to an effective date of July 1, 2019, but no earlier, for the award of Dependency and Indemnity Compensation (DIC) for the Veteran's death in service is granted, subject to controlling regulations governing the payment of monetary awards. FINDINGS OF FACT 1. The evidence is approximately evenly balanced as to whether a claim for DIC was received within one year of the Veteran's death. 2. Entitlement to DIC based on service connection for the cause of the Veteran's death arose prior to the Appellant's claim. CONCLUSION OF LAW With reasonable doubt resolved in favor of the Appellant, the criteria for an effective date of July 1, 2019, but no earlier, for the award of DIC based on service connection for the cause of the Veteran's death, are met. 38 U.S.C. §§ 5110, 5107(b); 38 C.F.R. §§ 3.1, 3.5, 3.312, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army on active duty from August 2014 to July 2019. During active service, the Veteran died in July 2019, and the Appellant is his surviving spouse. The issue comes before the Board of Veterans' Appeals (Board) on appeal from a July 2021 determination by the Department of Veterans Affairs (VA) Regional Office (RO). In the March 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Appellant elected the Hearing docket. A Board hearing was held on August 18, 2025. Therefore, the Board may only consider the evidence of record at the time of the July 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Appellant or her representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the Appellant would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to an effective date of July 1, 2019, but no earlier, for the award of Dependency and Indemnity Compensation (DIC) for the Veteran's death in service The Appellant contends that an earlier effective date is warranted for the award of DIC benefits for the Veteran's in-service death. In an October 2020 rating decision, the AOJ granted an award of DIC based on service connection for the cause of the Veteran's death, effective October 5, 2020-the date of receipt of the Veteran's "Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child-In Service Death Only" form (VA Form 21P-534a). However, the Appellant contends that an earlier DIC claim was submitted to VA by a casualty assistance representative prior to February 2020. The Appellant asserts that following the death of the Veteran, the Appellant was assigned a representative through the Army's casualty assistive program (identified in the record as A.D.), through whom she submitted paperwork, including a claim for DIC benefits and Survivor Benefit Plan (SBP) annuities. Further, the Appellant contends she worked in good faith with her assigned casualty assistance officer A.D. at the beginning of the COVID-19 pandemic, which prevented the submission of the timely and appropriate claim for DIC benefits. In support of her contention, the Appellant has submitted a copy of her text communications to A.D. beginning in February 2020, in which the Appellant regularly requested status updates on her claims and the investigation into the Veteran's death during service. An April 2020 text shows the casualty assistance officer (CAO) informed the Appellant that the investigation was complete but stated no decision was made. July 2020 texts between A.D. and the Appellant indicate that in July 2020, the Appellant requested information regarding her annuity claim from the SBP office. The Appellant reported that the SBP office informed her that there was no current claim, and information regarding the Veteran's cause of death had not been received. The July 2020 text correspondences revealed A.D. indicated the Appellant's claims would be backdated to the time of the Veteran's death. The record also contains the September 2020 email correspondence from the Appellant's representative to the CAO. The email again requested information regarding the status of the Appellant's claim for DIC and the determination of a report addressing the new Report of Casualty for the Veteran. The email stated that the Appellant's representative's understanding was that the Appellant had signed the documentation to apply for DIC, and which was given to A.D. for submission through his supervisors. However, as of September 2020, the claim had not been submitted by the casualty assistance office. The Appellant's representative requested information as to whether the pending Report of Casualty prevented submission of the claim for VA benefits. The claims file is absent a response. In the April 2021 Statement in Support of Claim, as well as during her August 2025 Board hearing, the Appellant stated that she completed the necessary paperwork to apply for DIC benefits in person with her assigned CAO and left the claim for benefits with the representative for submission. The record contains the Veteran's Report of Casualty prepared July 2019, which was noted as "Determination Pending." The claims file contains the April 2020 Department of the Army memorandum, finding the death of the Veteran was "In line of duty" at the time of death. The memorandum includes the January 2020 Statement of Medical Examination and Duty Status, finding the Veteran's death incurred in the line of duty. Generally, the assignment of effective dates of awards for death benefits are governed by 38 U.S.C. § 5110 and 38 C.F.R. § 3.400, which provides that the effective date of an award of DIC made on the basis of a veteran's service-connected death after separation from service will be the first day of the month in which a veteran's death occurred, if the claim is received within one year from the date of death; otherwise, the effective date will be the date of receipt of the claim. 38 U.S.C. § 5110(d); 38 C.F.R. § 3.400(c)(2). The effective date for benefits paid for a veteran's death in service shall be the first day of the month fixed as the date of actual or presumed death, if a claim is received within one year after the date of a veteran's death. 38 U.S.C. § 5110(j); 38 C.F.R. § 3.400(c)(1). However, benefits based on a report of actual death are not payable for any period for which the claimant has received, or is entitled to receive an allowance, allotment, or service pay of the veteran. 38 C.F.R. § 3.400(c)(1). Under 38 C.F.R. §§ 3.109(b) and 19.53, VA has the authority to grant time limit extension requests, provided good cause is shown for the delay. VBA Policy Letter 20-02 provided agency guidance extending time limits due to the COVID-19 global pandemic. The guidance stated the COVID-19 global pandemic was considered a good-cause basis for VA to grant extensions of certain time limits, provided the time limit would have expired or the circumstances in question occurred on or after March 1, 2020. See VBA Policy Letter 20-02 (Novel Coronavirus (COVID-19) Financial Relief Actions and Time Limit Extensions) (April 6, 2020). In this regard, at the time of the Veteran's death, the Appellant had been recognized by the Department of the Army as the Veteran's dependent spouse, as indicated in the July 2019 Report of Casualty. The evidence suggests the Appellant submitted a claim for benefits through her assigned casualty assistance representative. The evidence shows the Appellant pursued her application for benefits through the assigned CAO, with the application process delayed due to pending review of the determination of the Veteran's in-service death. While the claims file contains the April 2020 Department of the Army memorandum, finding the death of the Veteran was "In line of duty" at the time of death, coordination with the Department of the Army casualty assistance representative and VA during the time-period of COVID-19 global pandemic was delayed. There is nothing to explicitly contradict the reports of the Appellant and her representative regarding the protracted application for DIC benefits within one year of the Veteran's death. The September 2020 correspondence from the Veteran's representative to the CAO, as well as the ongoing text communications between the Veteran and her casualty assistance representative from March 2020 to July 2020, show the Appellant was not informed of the results into the Army's investigation into the Veteran's death. The lay evidence of record suggests the Appellant pursued her claims during the beginning months of the COVID-19 pandemic, and these reports are consistent with the medical findings and personnel records identified above. Thus, the reports of a DIC claim submitted prior to February 2020 are credible. Therefore, the Board finds that the lay statements by the Appellant, in combination with the credible statements available showing the Appellant's interaction with the CAO representative, provide clear evidence to rebut the presumption of regularity in the administrative process of the assigned CAO. See Schoolman v. West, 12 Vet. App. 307, 310 (1999); see also Jones v. West, 12 Vet. App. 98, 100 (1998). Accordingly, the Board finds that the evidence of record shows the Appellant, through a casualty assistance representative, submitted a DIC claim within one year of the Veteran's death. The evidence has shown the Appellant continuously pursued her claim for DIC for the Veteran's in-service death. And, the Appellant has presented evidence showing good cause as to how her claim for benefits was held up due to the COVID-19 pandemic and coordination between the Department of the Army and VA. Resolving the evidence in a light most favorable to the Appellant, the Board finds that the Appellant's Application for DIC was timely filed within one year of the Veteran's death. Thus, the effective day for the award of DIC benefits shall be, July 1, 2019, the first day of the month of the Veteran's death determined to have occurred in the line of duty. 38 U.S.C. § 5110(j); 38 C.F.R. § 3.400(c)(1). JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. V. Bona The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.