Citation Nr: 21071228 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 18-42 850 DATE: November 30, 2021 REMANDED Entitlement to Department of Veterans Affairs (VA) benefits on the basis of permanent incapacity for self-support prior to attaining 18 years of age is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 decision. The Appellant presented testimony before the Board in November 2018. The Board remanded the appeal in July 2019 to obtain outstanding medical records, translate medical records, and to obtain a VA examination and opinion. However, the Board notes that further development is required. The Appellant contends that prior to attaining age 18, she became permanently incapable of self-support as a result of epilepsy and a mental health condition. The evidence of record indicates that the Appellant was born in May 1970 and that she attained the age of 18 in May 1988. The Veteran is deceased. Regarding the Appellant's marital status, it is unclear whether she is currently or had been married. This is significant given that marriage of a "helpless child" is a bar to compensation payments. See 38 C.F.R. § 3.57(a)(1); 38 C.F.R. § 3.950. The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion. 38 U.S.C. § 103(e); see also 38 C.F.R. § 3.55(b)(1). An August 2011 patient sheet shows the Appellant's marital status as married and a January 2012 History of Rehabilitation Plan from Persons with Epilepsy shows the Appellant reported she had a husband. In addition, in October 2014, it was noted that the Appellant appeared with her husband and child to the medical appointment. However, in an October 2012 Emergency Room Record, the Appellant's marital status was noted as single, as well as in October 2017 and November 2017 private treatment records. Given these inconsistencies, the Board finds that a remand is necessary to determine whether the Appellant has ever been married. The Appellant should provide all marriage certificates and divorce decrees. A June 2020 Social Security Administration (SSA) inquiry notes the Appellant's disability onset of February 2016 and an August 2015 SSA letter requested completion of a questionnaire regarding supplemental security income. Therefore, on remand, the Appellant's SSA records should be requested. Finally, pursuant to the July 2019 remand, the Agency of Original Jurisdiction (AOJ) requested authorization to obtain the Appellant's outstanding treatment records from Dr. Garcia-Escanelle in August 2019. The Appellant submitted a completed VA Form 21-4142 Authorization for Release of Information in August 2019 for Dr. Leonor Garcia-Escanelle at the Rexville Medical Plaza, Urb Cana Calle 12 RR 1, Bayamon, PR 00956. Notably, an internet search reveals the address formatted as Rr 1 12 St Suite 3 Urb Cana Bayamon, PR 00957. The August 2019 VA letter shows the address as listed on VA Form 21-4142, however, the address listed on the envelope is Rexville Medical Plaza, 167 Calle 2, Bayamon, PR 00957. The letter was returned as undeliverable due to an insufficient address. The AOJ sent another request in December 2019. Although it was not returned as undeliverable, it is unclear whether Dr. Garcia-Escanelle received the letter given that the VA letter did not list the Suite number. Under 38 C.F.R. § 3.159(c)(1), as at least two requests for records are required for non-federal records, therefore, on remand, the AOJ should request the records from the correct address. The matter is REMANDED for the following action: 1. Request that the Appellant provide information concerning her complete marriage and divorce history and to provide copies of all marriage certificates and/or divorce decrees. If the Appellant reports she is currently not or had not been married, with any necessary assistance and authorization from the Appellant, contact the appropriate sources, to include contacting the Department of Health Demographic Registry in Puerto Rico at P.O. Box 11854, Fernandez Juncos Station, San Juan, PR 00910, to verify whether the Appellant has ever been married and determine whether any such marriage was annulled or terminated (including the reason for any such termination). 2. Obtain and associate with the file the Appellant's (not the Veteran) complete records from the Social Security Administration related to the claim for SSA benefits (SSI or SSD), including all SSA administrative decision(s) (favorable or unfavorable), including all medical records relied upon concerning the SSA claims. Follow the procedures set forth in 38 C.F.R. § 3.159 regarding requests for records from Federal facilities. If such records are unavailable, a negative response must be obtained and associated with the claims file. 3. Make two requests for the authorized records from Dr. Leonor Garcia-Escanelle at Rr 1 12 St Suite 3 Urb Cana Bayamon, PR 00957, unless it is clear after the first request that a second request would be futile. 4. If upon completion of the above actions, the issue remains denied, the case should be returned to the Board after compliance with appellate procedures E. I. VELEZ 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.