Citation Nr: 20008013 Decision Date: 01/30/20 Archive Date: 01/30/20 DOCKET NO. 18-28 708 DATE: January 30, 2020 REMANDED Entitlement to recognition of S.W. 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 November 1973 to December 1975. He also served in the Georgia Air National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran has changed his representative numerous times during the pendency of this appeal. In September 2017, the Veteran properly appointed Dan Curry, Esquire, as his new representative, thereby revoking his previous representative, the American Red Cross. See 38 C.F.R. § 14.631(f)(1). In August 2019, the Veteran properly appointed his spouse, V.W., as his representative under 38 C.F.R. § 14.630, thereby revoking his previous representative, Dan Curry. See 38 C.F.R. § 14.631(f)(1). In December 2019, during the pendency of the present appeal, the Veteran properly appointed Dan Curry, Esquire, as his new representative, thereby revoking his previous representative under 38 C.F.R. § 14.630. See 38 C.F.R. § 14.631(f)(1). Later in December 2019, the Veteran, in response to a Board representation clarification letter, stated that he wished to represent himself. He therefore proceeds with the appeal pro se. Additional development is necessary prior to consideration of this appeal on the merits. 1. Entitlement to recognition of S.W. 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. It appears from the record that the Veteran’s son, S.W., is receiving benefits from the Social Security Administration (SSA), and there is nothing in the record indicating that VA has requested those records. Because those records may be pertinent to the present VA claim, S.W.’s complete SSA records, if available, should be obtained and associated with the claims file. See Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992). In a letter received by VA in January 2015, S.W.’s treating psychiatrist stated that S.W. has a diagnosis of Autism Spectrum Disorder with Obsessive Compulsive Disorder. The psychiatrist had been treating S.W. since 2001. The psychiatrist opined that, due to his autism, S.W. will need assistance with daily care for the rest of his life, as he will be unable to support himself financially and will be unable to function in a fully independent capacity. As any treatment records are potentially relevant to the claim, the RO should request the treatment records from this psychiatrist and any other identified mental health treatment. Finally, the Board notes that the Veteran indicated in his March 2015 notice of disagreement that S.W. was diagnosed with autism at a young age. On remand, the AOJ should request that the Veteran indicate whether S.W. had an Individualized Education Plan (IEP) or other special education plan and, if so, submit such records. The matters are REMANDED for the following action: 1. Obtain from SSA, any and all records pertaining to the Veteran’s son, S.W. The requested records should include any determinations, and copies of all medical records considered in deciding any SSA disability claim. If the records are not available, that should be documented in the record. 2. Provide the Veteran with a VA Form 21-4142, Authorization and Consent to Release Information to VA, for EACH of S.W.'s identified medical providers, specifically to include his treating psychiatrist, Dr. K.W., and ask that the form(s) be completed and returned. All VA Forms 21-4142 must be signed by S.W. Associate all records obtained with the claims file. If any identified records are unavailable or cannot be obtained, inform the Veteran and give him an opportunity to submit such information. 3. Provide the Veteran with the appropriate authorization and consent forms needed for him to identify and obtain any education or disability-related documents, including an IEP, for S.W. Associate all records obtained with the claims file. If any identified records are unavailable or cannot be obtained, inform the Veteran and give him an opportunity to submit such information. (Continued on the next page)   **Remind the Veteran that the dispositive question is whether S.W.’s disability rendered him incapable of self-support prior to attaining the age of 18. 4. 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.