Citation Nr: 21066180 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 18-11 339 DATE: October 28, 2021 REMANDED Entitlement to recognition of E.S. as the "helpless child" of the Veteran 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 1966 to December 1969. The Veteran died in June 2009. The Appellant is the Veteran's daughter. This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Appellant and her mother testified at a Board hearing before the undersigned Veterans Law Judge in April 2020. The transcript is of record. 1. Entitlement to recognition of E.S. as the "helpless child" of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded. Unfortunately, additional development is necessary prior to consideration of this appeal on the merits The Appellant's mother testified that E.S. has been seeing a doctor from the age of 15, in 1997, for her psychiatric disability and was on several medication as a minor. The Appellant's mother stated that, E.S. has not been able to have a job prior to the age of 18 because she has panic attacks, lacks the ability to be independent, and has angry outburst. The Appellant testified that she has not been able to work because nobody likes her and that she does not like herself. The Appellant's mother noted that E.S. was homeschooled. The Appellant's mother expressed that E.S. has received treatment from multiple physicians to include Dr. D. Beckert, Dr. M. Wagner, Dr. Mcleod-Bryant, and Dr. Salisbury. See Board hearing transcript. Although a private medical opinion from Dr. D. Beckert notes that E.S.'s major depressive disorder, with psychotic features and panic disorder significantly impacted her life and ability to function to the point that E.S. has been unable to work and has required assistance of her family for full support, further treatment records are not associated with the claims file. In addition, the Appellant's mother testified that E.S. was receiving benefits from the Social Security Administration (SSA) since 1997. Although a previous request for records from the SSA was made in January 2018, that response indicated that the Appellant was not receiving benefits. Thus, a new request is needed. While on remand, the agency of original jurisdiction should assist the Appellant in obtaining all records of treatment that may shed light on her disability both before and after she reached the age of 18. Further, in view of the above, the Board finds that a remand for a VA examination is necessary to assist in determining if the Appellant became permanently incapable of self-support by reason of a mental or physical disability prior to attaining the age of 18. See Chotta v. Peake, 22 Vet. App. 80 (2008); see also 38 U.S.C. § 101 (4)(A)(ii); 38 C.F.R. §§ 3.57 (a)(1)(ii), 3.356. The matters are REMANDED for the following action: 1. With any necessary authorization from the Appellant's mother and/or E.S., contact SSA and request copies of E.S.'s complete SSA records, including any administrative decisions on her application for SSA disability benefits and all underlying medical records. 2. Contact the Appellant's mother and/or E.S. and ask her to identify all healthcare facilities, disability program facilities, and/or physicians that have treated E.S. or have provided her disability services prior to turning 18, to include the healthcare she received through the Medical University of South Carolina, and from Dr. D. Beckert, Dr. M. Wagner, Dr. Mcleod-Bryant and Dr. Salisbury. With any necessary authorization from E.S., ask the Appellant's mother and/or E.S. to complete a VA Form 21-4142 for any facility or provider identified. Make two requests for the records from any authorized facility, unless it is clear after the first request that a second request would be futile. (Continued on the next page) 3. Schedule the Appellant for an appropriate retrospective VA psychiatric examination as to whether it is at least as likely as not that the Appellant was permanently incapable of self-support by reason of a mental or physical condition prior to attaining 18 years of age. The relevant portions of the claims file and a copy of this remand order must be made available to the examiner. The examiner must address the full history of E.S.'s psychiatric and physical disabilities. If the above requested opinion cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. 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.