Citation Nr: 20046449
Decision Date: 07/10/20	Archive Date: 07/10/20

DOCKET NO. 08-23 959
DATE: July 10, 2020

REMANDED

The claim of entitlement to recognition of the Veteran’s son, B.T., as a helpless child on the basis of permanent incapacity for self-support before attaining the age of 18 is remanded.

(The claim of entitlement to service connection for right ear hearing loss is addressed in a separate appellate action.)

REASONS FOR REMAND

The Veteran served on active duty from June 1963 to June 1967.

This appeal to the Board of Veterans’ Appeals (Board) arose from a February 2010 rating decision in which a Department of Veterans Affairs (VA) Regional Office (RO) denied the Veteran additional compensation based on the permanent incapacity for self-support of B.T.  The Veteran filed a notice of disagreement (NOD) in May 2010.  The RO issued a statement of the case (SOC) in March 2011, and the Veteran filed a substantive appeal (via a VA Form 9, Appeal to the Board of Veterans’ Appeals) in April 2011.

Also, this appeal has been advanced on the Board’s docket, pursuant to 38 U.S.C. § 7107(a)(2) and 38 C.F.R. § 20.900(c). 

The Board’s review of the claims reveals that further agency of original jurisdiction (AOJ) action on the claim on appeal, prior to appellate consideration, is warranted,

VA law and regulations provide that veterans having a combined disability rating of 30 percent or more may be entitled to additional compensation for a child based on permanent incapacity for self-support. See 38 U.S.C. § 1115; 38 C.F.R. §§ 3.4 (b)(2), 3.356. 

In this case, service connection is currently in effect for numerous disabilities; however, the Veteran’s combined rating is only 10 percent. However, as the service connection claim for right ear hearing loss is being remanded in a separate appellate action, and a decision on the right ear hearing loss claim could affect the outcome of the helpless child claim (i.e., allow the Veteran to meet the threshold requirement of a 30 percent combined disability rating), the claims are inextricably intertwined.  See Harris v. Derwinski, 1 Vet. App. 180 (1991).  As it follows that adjudication on the current claim, at this juncture, would be premature, this matter is being remanded, as well. 

The matter is hereby REMANDED for the following action:

1. After completing the requested actions on the claim for service connection for hearing loss, and adjudicating that claim, conduct any other development as may be indicated for the helpless child claim, if the Veteran meets the threshold requirement of having a combined disability rating of 30 percent or more.  It is noted that there are additional documents pertaining to the Veteran’s son, B.T., in the electronic claims file, including records noting the diagnosis of cerebral palsy; however, it is unclear if the July 2014 VA medical professional reviewed these documents in stating that an opinion could not be provided without speculation.

2.  Adjudicate the claim on appeal, considering all pertinent evidence (to include all evidence added to the claims file since the last adjudication), and legal authority. 

 

 

JACQUELINE E. MONROE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sarah Campbell, 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.