Citation Nr: A21018987
Decision Date: 11/29/21	Archive Date: 11/29/21

DOCKET NO. 190723-165282
DATE: November 29, 2021

REMANDED

The claim of entitlement to nonservice-connected burial benefits is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the United States Marine Corps reportedly from October 1963 to October 1969.  He passed away in September 2018, and his child, the appellant in the present matter, filed a claim for nonservice-connected burial benefits in February 2019.  

The Veterans Appeals Improvement and Modernization Act of 2017, Pub. L. No. 115-55, 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA), took effect on February 19, 2019.  The instant matter is on appeal from a July 2019 decision.  The appellant filed a Notice of Disagreement in July 2019 and requested Direct Review by a Veterans Law Judge.

1. The claim of entitlement to nonservice-connected burial benefits is remanded.

The Board sincerely regrets the delay, but remand is necessary due to a pre-decisional duty to assist error.

Upon review of the claims file, the Board notes that the Veteran's military records have not been requested or received.  In fact, basic verification of his service dates, as would be reflected on a DD-214, has not been obtained.  Additionally, the Veteran's death certificate does not list a cause of death.  Despite this missing information, the denial letter made formal findings regarding the nature and circumstances of the Veteran's military service and passing.  Accordingly, remand is necessary to obtain the Veteran's service records.

The matters are REMANDED for the following action:

1. Attempt to obtain, through all indicated and appropriate sources, the Veteran's service records.  All efforts to obtain these records should be documented.  If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile.  This determination should be documented in the claims file and the appellant must be notified.

 

 

B. MULLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Fisher, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.