Citation Nr: 21075293 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 15-11 415 DATE: December 20, 2021 REMANDED Entitlement to Dependency and Indemnity Compensation benefits (DIC) based on service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Appellant asserts that she is the surviving spouse of her husband, who she asserts served on active duty between 1943 and 1945. This matter is on appeal to the Board of Veterans' Appeals (Board) from a decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board denied this claim in December 2018, and the Appellant appealed to the United States Court of Appeals for Veterans Claims (Court). In October 2019, the Court granted a Joint Motion for Partial Remand (JMR) in which the parties agreed to vacate the December 2018 decision and remand the matter to the Board. The Board remanded the claim for development in February 2020 and March 2021. The issues in this case have been the inability to verify the Appellant's husband's military service, and the Appellant's status as a surviving spouse. Her husband died in October 1974 at a VA hospital, and was listed in the VA system as a non-veteran humanitarian which means that the patient was not eligible for VA medical care until his military service was verified. See September 2020 VA 10-7131 Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action. In the February 2020 remand, the Board instructed the Agency of Original Jurisdiction (AOJ) to attempt to locate the Appellant's husband's service by using the VBA adjudication manual, request any military records from available resources near the area where the alleged Veteran lived, contact the VA facility in New Jersey where the Appellant's husband died, and request information from the New Jersey Department of Health. In the most recent remand in March 2021, the Board instructed the AOJ to contact the New Jersey State Department of Health/Office of Vital Statistics to request any information used to determine that the Appellant's husband was a widower and a former widower. Thereafter, the AOJ sent notices to the New Jersey Department of Health on April 9, 2021 to request the necessary information on the alleged Veteran. Unfortunately, no response was received. The Board finds that there was substantial compliance with the March 2021 remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). However, as explained below, the matter must be remanded for additional development. During the development phase, the AOJ also sent notices to the Appellant on April 9, 2021 and May 25, 2021 to inform her of the information necessary to support her claim. As part of the May 25, 2021 VA notice, the AOJ sent the letter from the New Jersey Department of Health addressed to the Appellant that her application for New Jersey vital records had been deemed deficient because (1) current valid identification with proof of current address was not enclosed, and (2) some identifying information, namely full name of parents listed on record, and city and county of the event, were not provided. A similar notice was sent to the Appellant on December 7, 2020. See December 2020 Map-D Development Letter. In the November 2021 substantive brief, the Appellant's representative requested that the matter be remanded again to attempt to locate the missing records. The missing proof of identification and identifying records might be the information necessary to obtain information from the New Jersey Department of Health, and to help support the Appellant's claim. Thus, the Board finds that a remand is necessary to allow the Appellant and her representative another opportunity to provide the required information, such as proof of identification, to the New Jersey Department of Health in order to obtain any relevant evidence to support the Appellant's claim. The matters are REMANDED for the following action: 1. Send the Appellant and her representative a notice informing her to provide the missing information to the New Jersey Department of Health such as a (1) current valid identification with proof of current address, and (2) some identifying information, namely full name of parents listed on record, and city and county of the event, as documented in the Vital Record Request Deficiency Letter from the New Jersey Department of Health. 2. After the above development, contact the New Jersey Department of Health/Office of Vital Statistics by any means deemed appropriate and request a description of what information was (or could have been) used to determine that the alleged Veteran was a widower and a former servicemember. Make at least two request or more, as necessary, to the New Jersey Department of Health. Any communication with the New Jersey Department of Health should clearly state that VA is already in possession of a copy of the death certificate and that VA is interested in learning how the information regarding (1) marital status AND (2) veteran status listed in the death certificate were (or could have been) ascertained. Request any documents relevant to this inquiry that are located with the New Jersey Department of Health/Office of Vital Statistics be supplied to VA. Document all requests and responses in the file. If needed, seek any additional information or authorization for release of records from the Appellant. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mathew 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.