Citation Nr: 20021162
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 17-49 681
DATE: March 24, 2020

REMANDED

Entitlement to recognition of R.M.R. as the Veteran’s “helpless child” on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1972 to March 1974.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 determination of the Department of Veterans Affairs (VA).  The Board previously considered and remanded this matter in April 2019 and again in October 2019.  It has been returned to the Board for further appellate consideration.

Entitlement to recognition of R.M.R. as the Veteran’s “helpless child” on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.

As indicated above, the Board most recently remanded this matter in October 2019 in order to obtain more complete records held by the Social Security Administration (SSA) regarding R.M.R.’s entitlement to disability benefits administered by that agency.  Those records were received in December 2019.  

However, since that time, the Veteran submitted an additional statement in January 2020 in which he contended that VA had erroneously used R.M.R.’s current surname, rather than her maiden name in requesting childhood medical records from Rainbow Mental Health.  The claims file indicates that her maiden name had actually been used, but that that facility has been closed down.  In his January 2020 statement, the Veteran stated that those records were transferred to Wyandotte Mental Health.  A remand is required to obtain these records which the Veteran contends show the extent of R.M.R.’s psychological problems prior to her attaining the age of 18.  To that end, he also stated that additional records relating to R.M.R.’s functioning were in the possession of the Kansas Department of Children and Families and its Juvenile Services Division under R.M.R.’s maiden name.  Reasonable efforts should be made to obtain these records in consideration with his claim for additional dependency compensation.

The matters are REMANDED for the following action:

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1. Contact the Veteran and ask him to provide additional information regarding the specific address or contact information for the facility he has described as Wyandotte Mental Health and the specific Kansas governmental body he contends holds childhood records of R.M.R.

2. With any necessary authorization from R.M.R., ask the Veteran and/or R.M.R. to complete a VA Form 21-4142 for any facility identified as a result of directive number 1, to include Wyandotte Mental Health and the Kansas Department of Children and Families and its Juvenile Services Division.  Make two requests for the authorized records from each facility, unless it is clear after the first request that a second request would be futile.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Whitelaw, Associate 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.