Citation Nr: 18141795
Decision Date: 10/11/18	Archive Date: 10/11/18

DOCKET NO. 15-35 337A
DATE:	October 11, 2018
REMANDED
Entitlement to service connection for cause of the Veteran’s death is remanded.
Entitlement to recognition of the appellant, the Veteran’s claimed daughter, as a “helpless child” on the basis of permanent incapacity for self-support prior to attaining age 18 is remanded.
Entitlement to death pension is remanded.
Entitlement to accrued benefits is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1944 to January 1946.  He died in March 2008.  The appellant is the claimed surviving daughter of the Veteran.   
These matters come before the Board of Veterans’ Appeals (Board) on appeal from decisions of the Department of Veterans Affairs (VA) Regional Office (RO).
Cause of death, permanent incapacity, death pension, and accrued benefits are remanded.
The Board observes that a Deferred Rating Decision dated January 2016 notes that a Duty to Assist letter was to be sent to the appellant to provide evidence that she is the Veteran’s daughter (a birth certificate for the appellant is not of record), request medical evidence to show that she became mentally ill prior to her 18th birthday, and provide income and net worth statements from her date of claim.  A review of the record reveals that a letter requesting this information has not been sent to the appellant.  Therefore, the Board finds that such should be provided to the appellant on remand.  
Additionally, the Board notes that the appellant is currently in receipt of Social Security Administration (SSA) benefits.  See a SSA inquiry dated January 2015.  An attempt has not been made to obtain the appellant’s records in connection with her claim for SSA benefits, and indeed, her SSA records are not associated with the claims folder.  As it appears such records are relevant to the claim, an attempt to obtain these records should be made.  See Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010).  Additionally, with authorization from the appellant, her SSA earnings records should also be requested.
The matter is REMANDED for the following action:
1. Request that the appellant provide a copy of her birth certificate showing she is the daughter of the Veteran, medical evidence to show that she became mentally ill prior to her 18th birthday, and provide income and net worth statements from her date of claims.  
2. Obtain and associate with the file the appellant’s complete records from the Social Security Administration  related to any claim for SSA benefits (SSI or SSD), including any SSA administrative decision(s) (favorable or unfavorable), including records reflecting his earliest application for benefits administered by SSA.  If such records are unavailable, a negative response must be obtained.
Upon authorization, request the appellant’s official earnings record from SSA, including earnings prior to and after age 18. 
3. When the development requested has been completed, the case should be reviewed on the basis of additional evidence.  If the benefits sought are not granted, the appellant and her representative should be furnished a supplemental statement of the case (SSOC).

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Arif Syed, Counsel