Citation Nr: 18156526
Decision Date: 12/10/18	Archive Date: 12/10/18

DOCKET NO. 12-16 687A
DATE:	December 10, 2018
REMANDED
Whether new and material evidence has been received to reopen a previously denied claim for recognition of G.H.L. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.  
REASONS FOR REMAND
The Veteran served on active duty from January 1952 to September 1973.  His service medals and decorations included the Combat Action Ribbon.  Unfortunately, he died in August 2002.  The appellant is the Veteran’s son.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) San Diego, California.  Regardless of any RO determination on the application to reopen however, the Board has a jurisdictional responsibility to consider whether it is proper for the claim to be reopened.  See Jackson v. Principi, 265 F.3d 1366, 1369 (Fed. Cir. 2001).
According to an informal conference report, the DRO discussed, as relevant, with the appellant’s attorney the requirements to substantiate the instant appeal.
Further development is necessary prior to analyzing the merits of this claim.
1. Whether new and material evidence has been received to reopen a previously denied claim for recognition of G.H.L. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.
In November 2018, the representative submitted a copy of the appellant’s August 2000 Notice of Favorable Decision from the Social Security Administration (SSA).  As those records may be pertinent to the present claim, G.H.L.’s complete SSA records, if available, should be obtained and associated with the claims file.  See Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992); Collier v. Derwinski, 1 Vet. App. 413, 417 (1991); see also Quartuccio v. Principi, 16 Vet. App. 183, 187-88 (2002) (stating that “the possibility that the SSA records could contain relevant evidence... cannot be foreclosed absent a review of those records.”).  
The matter is REMANDED for the following action:
1. Invite the appellant to submit any additional lay and/or medical evidence in support of the appeal.
2.  Obtain from SSA, any and all records pertaining to a claim for disability benefits for the Veteran’s son, G.H.L, who is the appellant in this case.  The requested records should include copies of all medical records considered in deciding any SSA disability claim.  If the records are not available, that should be documented in the record
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3.  Then, readjudicate the issue on appeal.
 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Thomas, Associate Counsel