Citation Nr: 18160314
Decision Date: 12/26/18	Archive Date: 12/26/18

DOCKET NO. 18-26 139
DATE:	December 26, 2018
REMANDED
Entitlement to recognition as the Veteran’s surviving spouse is remanded.
REASONS FOR REMAND
The Appellant submitted a significant amount of pertinent evidence after the issuance of the April 2018 statement of the case for this appeal, but prior to certification to the Board in August 2018.  This evidence includes a statement from the Appellant, a corrected death certificate listing the Appellant as the Veteran’s spouse at the time of his death, a life insurance policy of the Veteran listing the Appellant as his beneficiary, birth certificates for their children, and a notice letter from the Social Security Administration (SSA) that indicates the Appellant has been receiving widow’s benefits since August 1994 based on the Veteran’s work history.  This evidence must be referred to the Agency of Original Jurisdiction for initial consideration and the issuance of a supplemental statement of the case.  See 38 C.F.R. § 19.31 (indicating the AOJ must issue a supplemental statement of the case when it receives pertinent evidence regarding an appeal prior to certification to the Board).

The matter is REMANDED for the following action:
Reconsider the issue on appeal based on all the evidence of record.  If recognition of the Appellant as the Veteran’s surviving spouse remains denied, issue a supplemental statement of the case and return the matter to the Board.

 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. S. Kyle, Counsel