Citation Nr: 21010683
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 11-20 899
DATE: February 25, 2021

REMANDED

Entitlement to recognition of the appellant as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army National Guard from September 1954 to February 1956, and on active duty in the United States Army from May 1956 to May 1958.  Unfortunately, he died in August 1981.  The appellant is his daughter.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2016 and September 2020, the Board remanded this appeal for additional development.  Unfortunately, another remand is warranted, as there has not been substantial compliance with the Board's remand directives.  Stegall v. West, 11 Vet. App. 268 (1998) (finding that a remand by the Board confers on the Veteran the right to compliance with its remand orders).

Entitlement to recognition of the appellant as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded.

In September 2020, the Board remanded this claim for additional development, to include obtaining the appellant’s records in the possession of the Social Security Administration (SSA).  This was based on the appellant’s repeated assertions that she has been receiving SSA disability benefits for many years.  See November 2006 private treatment record; March 2003 statement.  In October 2020, SSA notified the RO that the requested SSA records do not exist, as there are no medical records.  As this is inconsistent with the appellant’s repeated and consistent reports of receiving SSA benefits, the Board finds that remand is warranted to make a second attempt to obtain these records.

In addition, the Board in the September 2020 remand directed the RO to ask the appellant to complete an authorization to request the appellant’s official earnings record from SSA, including earnings prior to and after age 18.  See Stegall, supra.

The matters are REMANDED for the following action:

1.  Request again from SSA any and all records pertaining to the appellant, including any SSA administrative decisions and related records.  The requested records should include all determinations and copies of all medical records considered in deciding any SSA disability claim.  If the records are not available, that should be documented in the record and the appellant should be notified of the unavailability of the records.

2. Ask the appellant to complete and submit authorization to obtain the appellant’s official earnings record from SSA, including earnings prior to and after age 18.  If such authorization is provided, request these records from SSA and associate them with the claims file.

3. Then, readjudicate the issue on appeal.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Thomas, 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.