Citation Nr: 18160003
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 16-56 279
DATE:	December 20, 2018
REMANDED
The issue of basic eligibility for Department of Veteran Affairs benefits is remanded.
REASONS FOR REMAND
The appellant, representing herself as the decedent’s child, filed a claim for VA death benefits in October 2015.  However, the decedent’s reported service has yet to be verified.
1.  Basic eligibility for Department of Veteran Affairs benefits.
The Appellant’s claim has not been considered fully as the Agency of Original Jurisdiction (AOJ) has determined the Appellant has provided insufficient information to verify the decedent’s service.  However, review of the record reveals the AOJ has not taken adequate steps to verify service.
The appellant has provided the decedent’s social security number, date of birth and other identifying information, as well as the year she believes he entered service (1957) and possible branches of service he served in.  The AOJ did not find this information to be sufficient enough to verify service.
For the purpose of establishing entitlement to pension, compensation, dependency and indemnity compensation or burial benefits the Department of Veterans Affairs may accept evidence of service submitted by a claimant.  38 C.F.R. § 3.203(a).  When the claimant does not submit evidence of service or the evidence submitted does not meet the requirements of paragraph (a) of this section the Department of Veterans Affairs shall request verification of service from the service department.  See 38 C.F.R. § 3.203(c).
There is no indication the AOJ sought verification from any service department as required by 38 C.F.R. § 3.203(c).  Therefore, remand is warranted to ensure compliance with this regulation.  
The Appellant is advised she may also seek the decedent’s records herself.  See National Archives, https://www.archives.gov/veterans/military-service-records.
As an additional matter, the record indicates the Appellant may be the decedent’s surviving spouse, rather than his daughter.  See January 11, 2016 report of general information.  Therefore, clarification of the Appellant’s relationship with the decedent is required.
The matter is REMANDED for the following action:
1.  Seek to verify the decedent’s reported service, consistent with 38 C.F.R. § 3.203(c).  The AOJ may attempt to verify the decedent’s service through the National Personnel Records Center (NPRC); however, unless the service department has delegated its authority to determine qualifying service.
2.  Obtain clarification from the Appellant about her relationship to the decedent.
 

3.  After undertaking any additional development deemed appropriate, adjudicate the claim in light of any additional evidence added to the record.
 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Gregory T. Shannon, Associate Counsel