Citation Nr: 21065257 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 18-32 944 DATE: October 25, 2021 REMANDED Entitlement to recognition of the Veteran's son, D.H., 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 March 1986 to August 2007. This appeal to the Board of Veterans' Appeals (Board) arose from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In the September 2020 remand, the Board requested that the RO obtain Social Security Administration (SSA) records and to obtain a VA opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that D.H. became permanently incapable of self-support by reason of a mental or physical disability prior to attaining the age of 18 years. Although SSA records were obtained, the Board notes that an opinion was not obtained, as requested. Therefore, as the RO has not substantially complied with the prior Board remand instructions, a remand is necessary to obtain an opinion. See Stegall v. West, 11 Vet. App. 268 (1998). In addition, in the September 2021 Informal Hearing Presentation, the Veteran's representative requested that D.H.'s education records be obtained and reviewed to assist in validating that D.H. did, in fact, have issues during school and was dependent upon his parents for his care, as the years prior to his 18th birthday are in question. Notably, an August 2017 psychiatric evaluation in the SSA records note D.H.'s school records were not in the file. The Board also notes the SSA records document that records were requested from Dr. Julie Mennen, Ph.D., however, records from that clinician were not associated with the SSA records. Therefore, on remand, the RO should attempt to obtain education records from D.H.'s elementary, middle, and high schools, to include from the Bob Hope primary school, a Department of Defense Education Activity school (DoDEA) in Japan, from 2005 to 2007, as well as records from Dr. Julie Mennen. Further, the SSA records contain treatment records after D.H.'s 18th birthday and in the Informal Hearing Presentation, the Veteran's representative appears to contend that records prior to D.H.'s 18 birthday had not been obtained. The Veteran has not provided the names of the treatment providers who provided care to D.H. prior to D.H.'s 18 birthday. Therefore, on remand, the RO should again ask the Veteran to provide this information, as well as the necessary release forms for the RO to obtain these records. The matter is REMANDED for the following action: 1. Ask the Veteran's son, D.H, to complete and return a VA Form 21-4142, Authorization and Consent to Release Information, for: a) Education records from D.H.'s elementary, middle, and high schools, to include from Bob Hope Primary school (DoDEA school) in Japan from 2005 to 2007; b) Treatment records from Dr. Julie Mennen, Ph.D.; c) As well as any other treatment provider from any other periods that D.H. received treatment prior to when he turned 18 years old, which would have been in June 2016. D.H. is asked to cooperate in assisting VA with obtaining these records. 2. After all records and/or responses received have been associated with the claims file, arrange to obtain from an appropriate physician an opinion addressing D.H.'s capability for self-support prior to age 18, based on claims file review. The contents of the entire electronic claims file, to include a complete copy of this REMAND, must be made available to the designated physician, and the report should reflect consideration of all pertinent medical and other objective evidence and all lay assertions. Following review of all available evidence, the physician should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that D.H. became permanently incapable of self-support by reason of a mental or physical disability prior to attaining the age of 18 years. In addressing the above, the physician must specifically consider and discuss the June 2018 medical letter from the Center for Autism and Related Disorders (See Medical Treatment Record - Non-Government Facility, receipt date June 18, 2018), as well as the SSA records that document D.H. was diagnosed with childhood autism, major depressive disorder, borderline intellectual functioning, and impaired social interaction and difficulty using verbal communication since at least 2017 (See Medical Treatment Records - Furnished by SSA, receipt date September 10, 2020). Complete, clearly stated rationale for the conclusions reached must be provided. 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.