Citation Nr: 20004533
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 14-15 252A
DATE: January 21, 2020

REMANDED

Entitlement to recognition of D.D. 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 September 1982 to September 2002.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 Department of Veterans Affairs (VA) rating decision.  In August 2017 a Videoconference hearing before the undersigned; a transcript is in the claims file. In December 2017, the Board remanded the appeal for additional development.

Unfortunately, further development is necessary before this claim may be addressed on the merits.

Entitlement to recognition of D.D, as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18.

In a statement dated January 2012, the Veteran indicated that D.D. had been determined to be incapacitated by the Department of Defense and continued to be considered the Veteran’s dependent child.  In support of this statement, the Veteran submitted a copy of D.D.’s United States Uniform Service Identification and Privilege Card, which lists an expiration date in March 2014, many years after D.D.’s 18th birthday.  As any records related to such a determination would be federally held and are pertinent to the present claim, all records related to a determination by the Department of Defense that D.D. was incapable of self-support and continued to be recognized as the Veteran’s dependent child subsequent to achieving the age of 18, if available, should be obtained and associated with the claims file.

The matters are REMANDED for the following action:

1. Obtain from the Department of Defense any and all records pertaining to a claim for disability benefits and/or an incapacity determination for the Veteran's son, D.D.  The requested records should include copies of all medical records considered in deciding any such claim.  If the records are not available, that should be documented in the record and the Veteran and his representative should be notified and afforded the opportunity to submit any such records in his possession.

2. Then, readjudicate the issue on appeal.

 

 

GEORGE R. SENYK

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.