Citation Nr: 20040129
Decision Date: 06/11/20	Archive Date: 06/11/20

DOCKET NO. 17-30 043
DATE: June 11, 2020

REMANDED

Entitlement to recognition of the Appellant as a helpless child based on permanent incapacity for self-support established before the age of 18 is remanded.

Entitlement to accrued benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1954 to June 1957.  The Veteran died in May 2015.  The Appellant is the Veteran’s daughter.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 decision.  The Appellant presented testimony before the Board in May 2020. 

VA provides certain benefits for a child of a veteran who is shown to be permanently incapable of self-support by reason of mental or physical defect by or before his or her 18th birthday.  See 38 U.S.C. § 101 (4)(A)(ii); 38 C.F.R. §§ 3.57 (a)(1)(ii), 3.356.  In this case, the Appellant asserts that she is permanently incapable of self-support by reason of disability, specifically a heart disability. The Appellant attained the age of 18 in October 1974.

At this juncture, it is unclear from the evidence currently of record whether the Appellant became permanently incapable of self-support prior to attaining the age of 18.  In support of her claim, the Appellant submitted an incomplete copy of a September 1979 notice of favorable decision from the Social Security Administration (SSA).  A list of exhibits indicates the Appellant applied for Supplemental Security Income in July 1978 and there were disability determinations, vocational reports, and medical reports used to render a determination. The Board notes an attempt was made to obtain medical records from SSA; however, it does not appear that a request was made for a copy of the SSA determination.   A remand is required to allow VA to request these records.

The matter is REMANDED for the following action:

1. Request all Social Security disability benefits records for the Appellant from the SSA, including copies of any decisions or adjudications, particularly the favorable decision mailed on September 13, 1979, and any of the exhibits listed in the decision, and associate them with the record.

2. Thereafter, readjudicate the claim.  If the claim remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. L. Wallin, 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.