Citation Nr: 21063461
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 19-32 762
DATE: October 14, 2021

REMANDED

Entitlement to recognition of the Veteran's daughter, T.W., as a helpless child on the basis of permanent incapacity for self-support before attaining the age of 18 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1967 to June 1970.

This appeal comes to the Board of Veterans' Appeals (Board) from a December 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

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.

At the present time, there is insufficient evidence to show that T.W. became incapable of self-support prior to turning 18 years old. However, the evidence in the file shows that there are outstanding records that would assist VA with determining whether T.W. became incapable of self-support prior to turning 18 years old.

T.W.'s 1980 to 1983 school records document that she received treatment from private physicians. March 1980 and April 1981 school records documented that Dr. Roosen evaluated T.W. in March 1977, who documented T.W. had lack of intelligible speech and failure to respond to parents or others who tried to control or talk to her. It was noted that Dr. Roosen detailed the expressive and receptive language impairment and T.W.'s central nervous system (CNS) impairment. It further noted Dr. Engel placed T.W. on medication in 1978. The documents also noted T.W. attended the Rehabilitation Clinic/Pre-School in 1977 when she was three years old. 

A March 1982 school record documented T.W. was under the care of Dr. Engel, a neurologist. It also noted T.W. was evaluated at the Child Guidance Clinic at age three, and she was noted as hyperactive and showed obsessive traits.

A June 1983 school record noted T.W. was treated by Dr. Roosen since July 1977, when she was three, up to when she was eight years of age. A June 1983 school record noted that Dr. Roosen assessed T.W. with central nervous system pathology with expressive, receptive, and adaptive difficulties, as well as object relationship problems. As these records are not associated with the record and are from the relevant period prior to T.W.'s 18th birthday (which was in November 1991), on remand, the AOJ should attempt to obtain these records.

The matter is REMANDED for the following action:

Ask the Veteran's daughter, T.W., to complete and return a VA Form 21-4142, Authorization and Consent to Release Information, for treatment from:

1) Dr. Engel, neurologist with whom T.W. received treatment in 1978;

2) Dr. Roosen, the physician where T.W. received treatment from 1977 to at least 1982;

3) Child Guidance Clinic where T.W. was evaluated around 1976;

4) Rehabilitation Clinic/Pre-School records from 1977;

5) As well as any other provider from any other periods that she received treatment prior to when she turned 18 years old, which would have been in April 1991.

T.W. is asked to cooperate in assisting VA with obtaining these records. 

 

 

A. P. SIMPSON

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.