Citation Nr: 18159936
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 13-08 926
DATE:	December 20, 2018
REMANDED
Entitlement to dependency and indemnity compensation (DIC) benefits based on helpless child status is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1952 to November 1971.  The Veteran died in August 2008.  The Appellant is his son.
In May 2014, the Appellant had a hearing before the undersigned. A transcript of the hearing has been associated with the record.
In a December 2014 decision, the Board denied the Appellant’s claim.  He appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In a December 2015 Memorandum Decision, the Court vacated the Board’s December 2014 decision and remanded the matter to the Board for further proceedings consistent with the Court’s decision.
In January 2018, the Board remanded the claim for further development.
1. Entitlement to DIC benefits based on helpless child status is remanded.
In its January 2018 remand, the Board directed the Regional Office (RO) to attempt to obtain all medical records of the Appellant from the former Roosevelt Roads Naval Station in Ceiba, Puerto Rico.  Specifically, the Board stated that if further records could not be obtained and further attempts to obtain records would be futile, it should be noted in the claims file with a memorandum of unavailability, and the Appellant should be notified.
While the claims file contains a February 2018 request for medical records from the National Personnel Records Center (NPRC), as well as an April 2018 correspondence to the Veteran stating that medical records were not available, there exists some confusion as to whether a response from NPRC was actually received.  Specifically, in the April 2018 correspondence, the RO stated that it had contacted the NPRC in February 2018 and received a response in March 2018 that stated no records were located.  However, the file does not contain the March 2018 response.  Additionally, in a May 2018 Supplemental Statement of the Case, the RO indicated that following the January 2018 remand, it had attempted to obtain treatment records from the former Roosevelt Roads Naval Station, as well as from the Appellant; however, the RO received a response from the Appellant but no response from Roosevelt Roads.  
Therefore, the Board finds that a remand is required to ensure the duty to assist in obtaining federal records is fulfilled.  
The matter is REMANDED for the following action:
1. Attempt to obtain through all relevant official sources medical treatment records for the Appellant from the former Roosevelt Roads Naval Station in Ceiba, Puerto Rico.  Associate with the claims files all requests and responses received.  If any further records cannot be obtained and further attempts would be futile, such should be noted in the claims file with a memorandum of unavailability and the Appellant should be notified thereof.
2. Thereafter, readjudicate the Appellant’s claim. If a complete grant of the benefits requested is not granted, issue a Supplemental Statement of the Case (SSOC) to the Appellant, and he should be given an opportunity to respond before the case is returned to the Board.
 
BETHANY L. BUCK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Bristow Williams, Associate Counsel