Quattlebaum: Reopening a Denied Accrued Benefits Claim

Peggy L. Quattlebaum v. Eric K. Shinseki, Opinion Number 09-3557, decided January 15, 2012 involved a widow’s pursuit of her deceased husband’s accrued benefits.

The widow filed for accrued benefits within one year of her husband’s death and within months was told by the RO via a letter that her husband had no accrued benefits at the time of his death. She waited 5 years before notifying the RO that she had not received any accrued benefits and asked the RO to review the file for a pending claim when her husband died and award any benefits due. The RO again notified her her husband had no claim open when he died. She filed a notice of disagreement and the Board denied reasoning that because she had previously been denied accrued benefits in 2001 her 2006 claim is one to reopen and that because her claim was not filed within 1 year as required by section 5121 denied her claim.

Importantly, section 5121 says that a surviving spouse may stand in the shoes of the veteran and pursue their accrued benefits claim if they file within 1 year after the veteran’s death. Meanwhile, section 5108 says that if new and material evidence is presented regarding a previously denied claim, the VA should reopen the claim.

The Court found that “as long as an accrued benefits claimant submits a claim within one year of the date of death of the veteran, the claim is timely. Once timely submitted and thereafter denied because accrued benefits are deemed not warranted, it is subject to being reopened if the claimant submits new and material evidence. Accordingly, we hold that the Board’s determination that an accrued benefits claim cannot be reopened more than one year after the veteran’s death is not in accordance with law and will be reversed.” Id. at 8-9.

The Court limited the holding by noting the requirement that the claim for accrued benefits be made based on the evidence in the file at the date of death. Id. at 6. It allowed that in some rare circumstances, documents in the Secretary’s possession at the date of death might never have been presented to the agency decisionmakers. Id. at 6.

Decided by Chief Judge Kasold, and Judges Moorman and Davis.