Citation Nr: 21066616 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 15-32 149 DATE: November 1, 2021 REMANDED Entitlement to dependency and indemnity compensation benefits is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 administrative decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) that determined the Appellant's spouse did not have the required military service to be eligible for VA benefits. This case was previously before the Board in November 2016, when it was remanded for development. The case has been returned to the Board for further appellate review. Entitlement to dependency and indemnity compensation benefits is remanded. The Appellant has asserted that her spouse had qualifying service as a merchant seaman with the United States Coast Guard from July 1944 to February 1948. She has also asserted that her spouse told the family of serving with the U.S. Army Transport Service (USATS). Service with the American Merchant Marine in Oceangoing Service during the period from December 7, 1941, to August 15, 1945, is considered active duty service for purposes of VA benefits. 38 C.F.R. § 3.7(x)(15). A claimant may show employment with the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman, documented by the U.S. Coast Guard or Department of Commerce (Merchant Mariner's Document or Certificate of Service), or as a civil servant employed by the USATS or the Naval Transportation Service (USNTS). See Frasure v. Principi, 18 Vet. App. 379, 386 (2004). Here, the Board finds VA has not fulfilled its duty to assist the Appellant in developing the claim. First, the RO submitted a request to the Army through the Personnel Information Exchange System, and received a negative response with the advice to submit a DD Form 2168 directly to the appropriate service department. The RO obtained the completed DD Form 2168 from the Appellant, but it is unclear from the record whether this was submitted to the Department of the Army to attempt to verify employment with USATS. In particular, the RO determined that no records were available after a general request, i.e., without mention of possible employment with USATS, was placed to the Department of the Army and yielded a standard response that all records of service ending prior to 2000 are kept with the National Archives and Records Administration. There is no request to the Department of the Army in the record specifying that the Appellant's spouse might have had service with USATS. Next, the RO attempted to verify service with USNTS in March and April 2021, including the Appellant's DD Form 2168 with the request. A duplicate letter was sent again in June 2021, indicating that the first attempt was not forwarded correctly. However, this second attempt included a blank DD Form 2168 instead of the one completed by the Appellant. It is unclear from the record what the error was in the mailing of the first letter, but the second letter raises the possibility that the Navy Personnel Command did not receive the completed DD Form 2168. On remand, the RO should verify that the completed form was submitted correctly. Finally, in an April 2021 letter, the Appellant noted that her spouse had filed claims with the Social Security Administration (SSA), and suggested that some of the documents associated with those claims might bolster her claim for VA benefits. On remand, the RO should request any relevant SSA records. See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010) (VA is required to obtain SSA records if there is a reasonable possibility that such records are relevant). The matter is REMANDED for the following action: 1. Attempt to verify whether the Appellant's spouse had oceangoing service with the U.S. Army Transport Service (USATS) between December 7, 1941, and August 15, 1945. Any attempt should include information provided by the Appellant, including but not limited to the completed DD Form 2168. All attempts to verify service with the USATS should be documented, and requests should continue until the records are obtained or deemed unavailable. 2. Attempt to verify whether the Appellant's spouse had oceangoing service with the U.S. Naval Transportation Service (USNTS) between December 7, 1941, and August 15, 1945. Any attempt should include information provided by the Appellant, including but not limited to the completed DD Form 2168. All attempts to verify service with the USNTS should be documented, and requests should continue until the records are obtained or deemed unavailable. 3. Attempt to obtain records from Social Security Administration (SSA) filed with claims by the Appellant's spouse that are potentially relevant to the Appellant's claim; in particular, records showing employment as a merchant marine or other oceangoing service during the World War II period. Document all requests for information as well as all responses in the record. If the records cannot be obtained, the Appellant must be so notified and informed that she may submit directly to VA any SSA records she may have in her possession. M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Josey, 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.