Citation Nr: 20004117 Decision Date: 01/16/20 Archive Date: 01/16/20 DOCKET NO. 17-39 465 DATE: January 16, 2020 REMANDED Entitlement to recognition as the Veteran’s surviving spouse for the purposes of establishing entitlement to death benefits is remanded. REASONS FOR REMAND The Veteran had active service from July 1968 to June 1970. He died in February 2013. The appellant contends that she is entitled to death benefits as the Veteran’s surviving spouse. This matter comes before the Board of Veteran’ Appeals (Board) on appeal from an August 2016 administrative decision by the Department of Veterans Affairs (VA) Pension Management Center. 1. Entitlement to recognition as the Veteran’s surviving spouse for the purposes of establishing entitlement to death benefits is remanded. Upon review of the record, the Board finds that additional procedural and evidentiary development is required before a decision on the merits can be reached. The Board initially notes that evidence received by the Agency of Original Jurisdiction (AOJ) prior to transfer of the records to the Board after an appeal has been initiated will be referred to the appropriate rating or authorization activity for review and disposition. If the Statement of the Case (SOC) and any prior Supplemental Statements of the Case (SSOCs) were prepared before the receipt of the additional evidence, a SSOC will be furnished to the appellant and his or her representative unless the additional evidence received duplicates evidence previously of record which was discussed in the SOC or a prior SSOC or the additional evidence is not relevant to the issue, or issues, on appeal. 38 C.F.R. § 19.37. Here, the AOJ issued a SOC on July 11, 2017 for the appeal herein, but subsequently, on July 21, 2017 and on October 19, 2017 the appellant submitted lay statements which generally reflected she resided with the Veteran during various years. Specifically, the statement from C. M., Pastor, dated in June 2017 but received by VA on October 19, 2017, reported, in part, that the appellant and the Veteran were both members of a congregation from 2008 until his death in 2013 and provided two addresses at which they resided together during this time frame. These statements were received prior to the certification of the appeal to the Board in December 2017. Thus, remand is required so that the AOJ can issue a SSOC that duly considers all evidence of record in the first instance. Additionally, evidence indicates that there may be outstanding relevant VA treatment records. In a December 2016 statement, the appellant reported that the Veteran received treatment from the Kansas City VA Medical Center (VAMC). In this regard, a June 2012 VA patient inquiry from the Kansas City VAMC reflected, in part, that the permission was given to speak with J. E., a former spouse of the Veteran, which expired on March 31, 2012, and also listed a current address for the Veteran. Thus, any outstanding VA medical records from the Veteran should obtained and associated with claims file, even in the context of this claim, as such may contain pertinent information regarding the Veteran’s marital status and residence. Finally, in her June 2016, application for benefits, the appellant reported, in addition to her marriage to the Veteran, that she was also married to R. W. from November 25, 1961 to February 1969; however, in an April 2013, Application Summary for Widow’s or Widower’s Insurance benefits, she reported also used names of R. B., R. P. and R. C. The Board recognizes the AOJ, in May 2017 correspondence, requested the appellant clarify this information, as it reflected more than two marriages; however, no response was received. Nonetheless, in the light of the remand for other matters, the Board finds another request for this information is warranted. The matters are REMANDED for the following actions: 1. Obtain any outstanding VA medical records for Veteran. 2. Provide the appellant with VA Form 21-686c, Declaration of Status of Dependents, in order for her to provide her complete marital history, listing the date (month and year) and place (city and state) of each prior marriage, and its termination. If the appellant has only been married twice, she should explain the name changes on a provided VA Form 21-4138, Statement in Support of Claim. 3. Finally, after undertaking any other development deemed appropriate, readjudicate the issue on appeal, with consideration of all evidence of record, to include lay statements received on July 21, 2017 and on October 19, 2017. If the benefit sought is not granted, furnish the appellant and her representative with a SSOC   and afford them an opportunity to respond before the record is returned to the Board for further review. U. R. POWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Espinoza, 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.