Citation Nr: 20021062 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 15-27 311A DATE: March 24, 2020 REMANDED Entitlement to recognition of A.E. as a helpless child based on a permanent incapacity for self-support before attaining 18 years of age is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1948 to September 1952, December 1961 to May 1962, and from July 1965 to July 1967. The Veteran died in July 2011. The appellant is the Veteran’s surviving spouse. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision by a Department of Veterans Affairs Regional Office (RO). In an August 2018 decision, the Board denied the appellant’s application for recognition of A.E. as a helpless child based on permanent incapacity for self-support before attaining 18 years of age. The appellant appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (Court). In a February 2019 Order, the Court vacated the Board’s August 2018 decision and remanded for readjudication in compliance with the Joint Motion for Remand (JMR). In pertinent part, the JMR found that the Board erred by not examining whether there was a need for a retrospective medical opinion with regard to the issue on appeal. Thereafter, in July 2019, the Board remanded this case and instructed the Agency of Original Jurisdiction (AOJ) to obtain a retrospective medical opinion that addressed whether, at the age of 18, A.E. was permanently incapable of self-support as a result of his disabilities. The requested medical opinion was obtained in November 2019. However, the examiner stated that he was unable to provide the requested medical opinion without resorting to speculation. In this regard, the examiner noted that the available records were insufficient to provide an opinion, and that complete medical records would be required showing both the physical and mental capabilities of A.E. as of his 18th birthday. The examiner noted that the required records needed for an opinion included A.E.’s educational records, earning history, job status from his 18th birthday to the present, and psychiatric records prior to his 18th birthday. In a November 2019 letter, VA sent the appellant a letter requesting complete medical records showing both physical and mental capabilities as of A.E.’s 18th birthday, copies of all psychiatric records, complete copies of educational records and transcripts, and a job status and earning history since his 18th birthday. The Board also notes that a November 2019 Social Security Administration (SSA) Inquiry Results form shows that SSA benefits were disallowed with regard to A.E. In response to the November 2019 VA letter, in December 2019, the appellant submitted VA Form 21-4142, Authorization to Disclose Information to VA. However, this form did not contain any medical provider information and did not contain the appellant’s signature. In a December 2019 Medical Records Request Reject Notice, VA noted that the submitted VA Form 21-4142 was not valid as it was missing a signature. However, a review of the record shows that no further attempts were made by the AOJ to obtain a valid VA Form 21-4142. The Board further finds that efforts should be made to obtain any relevant SSA records. Accordingly, the Board finds that further assistance to the appellant is necessary in developing the claim. 38 U.S.C. § 5103A. The matter is REMANDED for the following action: 1. Identify and obtain any outstanding SSA records for A.E. that are not already associated with the record. If these records are unavailable, a written statement to this effect must also be incorporated into the claims file. 2. Request the appellant to resubmit a signed VA Form 21-4142, Authorization to Disclose Information to VA, that identifies any outstanding relevant medical evidence. In particular, the appellant should identify or submit complete medical records showing both physical and mental capabilities prior to A.E.’s 18th birthday, and copies of all psychiatric records, complete copies of educational records and transcripts, and a job status and earning history since his 18th birthday. If multiple requests are required to obtain all the information sought, they should be made. All requests and responses received from each contacted entity should be associated with the claims file. If the requested records are unavailable, issue a formal finding of unavailability and notify the appellant and allow her the opportunity to submit any medical records in her possession. (Continued on the next page)   3. After undertaking any further development deemed necessary, to include obtaining a supplemental VA examination report, the AOJ must readjudicate the issue on appeal. If the benefit sought remain denied, a supplemental statement of the case must be provided to the appellant. After the appellant has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Lamb, 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.