Citation Nr: 21071272 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 15-14 245A DATE: November 30, 2021 REMANDED Entitlement to recognition of D.R. as the "helpless child" of the Veteran based on permanent incapacity for self-support prior to attaining age 18 is remanded. REASONS FOR REMAND The Veteran served honorably on active duty in the United States Army from March 1973 to August 1979. D.R. (born A.R.) is her adult son. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of a VA Regional Office (RO). In November 2020, the Board remanded the appeal for a VA examination and opinion. The agency of original jurisdiction (AOJ) completed this action and returned the appeal to the Board. The Board notes that the Veteran submitted a statement and Social Security Administration (SSA) documents in October 2020 that were not uploaded into the electronic claims folder until December 2020 as shown in the electronic Veterans Benefits Management System (VBMS). In the October 2020 statement, the Veteran wrote that she attempted to obtain D.R.'s SSA records containing treatment records from prior to D.R.'s 18th birthday. She reported that she contacted the SSA offices in Huntington, West Virginia, and Washington, D.C., but she was unable to obtain records despite numerous attempts. She reported that the Washington, D.C., SSA office informed her that archived records are available, and that the Huntington SSA office informed her the archived records date back to 2004. The Veteran also stated that she thinks the Wayne County Department of Health and Human Resources of West Virginia that issued D.R.'s Medicaid cards under SSA may have D.R.'s medical records. The Veteran provided a copy of a March 2007 SSA letter from the Kenova, West Virginia, SSA office that appears to show D.R. was awarded supplemental security income, and he was considered disabled prior to his 22nd birthday. A list of exhibits shows the SSA considered D.R.'s medical treatment records with a date range from 1987 to 2006, including treatment records from November 1999 to February 2002 from the West Virginia Department of Health and Human Resources. Notably, SSA records were obtained in July 2020, however, records prior to 2018 are not within those SSA records. Thus, there are missing SSA records. In light of the above, the Board finds that a remand is required to locate and associate D.R.'s relevant medical records with the Veteran's claims file. The matter is REMANDED for the following action: 1. Contact the appropriate sources, to include the Social Security Administration offices in Huntington and Kenova, West Virginia, and Washington, D.C., to obtain and associate with the file D.R.'s (not the Veteran) complete records from the SSA related to the claim for SSA benefits (SSI or SSD) from 2007 or earlier, including all SSA administrative decision(s), both favorable and 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. 2. Obtain authorization from the Veteran, or D.R., contact the Wayne County Department of Health and Human Resources of West Virginia that issued D.R.'s Medicaid cards under social security and obtain any records related to any disability/Medicaid claims filed on behalf of D.R. Notably an SSA exhibit list shows treatment records from November 1999 to February 2002 were provided by West Virginia Department of Health and Human Resources. See VBMS entry with document type, "SSA/SSI Letter," receipt date 10/27/2020, p. 2. Following receipt of the authorizations, make two requests for D.R.'s records, unless it is clear after the first request that further request would be futile. 3. If the exhibits listed in VBMS entry with document type, "SSA/SSI Letter," receipt date 10/27/2020, on pages 2 and 3 are not within the SSA records obtained that relate to D.R., obtain authorization from the Veteran, or D.R., where the Veteran or D.R. should find out where these professionals now practice and provide the full address and dates of treatment from the following facilities: Lewis McConnell, M.D., for treatment received from January 1987 to December 1989; St. Mary's Hospital for treatment received in August 1994, December 2001, February 2002 to April 2002, April 2005, and November 2005 Gilbert Garza, M.D., for treatment received in September 1996; Maternal and Child Health Center for treatment received in August 1999; University Physicians for treatment from July 1993 to January 2006; UHA Physician Office Center, for treatment received from September 2002 to May 2004; Stephen Nutter, M.D., for an Internal Medicine Consultative Examination in February 2005; Lisa Tate, M.A., for February 2002 and February 2005 psychological evaluations; Ijaz Ahmad, M.D., for treatment received in March 2002 and April 2002; Thomas Lauderman, D.O., for treatment received in May 2002; David Frederick, PhD., for psychological evaluation in April 2004; West Virginia University Hospital for treatment from November 2005 to January 2006; Cabell Huntingdon Hospital for treatment in February 2002, April 2006, and July 2006; University Physician Internal Medicine for treatment received from February 2006 to April 2006; and Any other facility that would have relevant records pertaining to treatment D.R. received before reaching 18 years old. Following receipt of the authorizations, make two requests for D.R.'s records, unless it is clear after the first request that further request would be futile. 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.