Citation Nr: 20002195
Decision Date: 01/09/20	Archive Date: 01/09/20

DOCKET NO. 17-55 643
DATE: January 9, 2020

REMANDED

Entitlement to recognition of R.C. 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, who is the appellant in this case, served on active duty from June 1977 to June 1986.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

Unfortunately, additional development is necessary prior to adjudication of this appeal.

For the purposes of Veterans’ benefits, the term "child" is defined, as is relevant here, as an unmarried person who is a child legally adopted before the age of 18 years, and who before the age of 18 years became permanently incapable of self-support. 38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57.  Furthermore, "adopted child" means a child adopted pursuant to a final decree of adoption.  38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57(c).

Specific evidence requirements apply in order to establish a child's relationship to a veteran.  With regard to an adopted child, evidence of a relationship will include a copy of the decree of adoption or a copy of the adoptive placement agreement and such other evidence as may be necessary.  38 U.S.C. § 501(a); 38 C.F.R. § 3.210(c).

In jurisdictions where petition must be made to the court for release of adoption documents or information, or where release of such documents or information is prohibited, a copy of the child's revised birth certificate may be accepted to establish the fact of adoption of a child adopted into the veteran's family.  38 C.F.R. § 3.210(c)(1).

In a December 2016 letter, the RO asked the Veteran to submit a certified copy of the unrescinded interlocutory adoption decree, the adoptive placement agreement, or a revised birth certificate.  To date, the Veteran has not submitted this information.  In light of the extensive and somewhat inconsistent information requested in the December 2016 development letter, the Board finds that the Veteran should be afforded another opportunity to provide the necessary evidence of R.C.’s adoption.

The matters are REMANDED for the following action:

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1.  Send a letter to the Veteran and his representative asking for evidence of R.C.’s adoption by the Veteran, such as a copy of the decree of adoption, the adoptive placement agreement, or R.C.’s revised birth certificate.  The Veteran should be informed that his claim cannot be granted if he does not submit this evidence.

2.  Then, readjudicate the issue on appeal.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Thomas, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.