Citation Nr: 21012987 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 16-41 901A DATE: March 8, 2021 REMANDED Entitlement to dependency compensation on the basis of permanent incapacity for self-support for the Veteran's son, A.M., is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from November 1967 to May 1970, including service in the Republic of Vietnam. The Veteran passed away in May 2020 and the Appellant, his surviving spouse, has been recognized as the substitute party in the instant case. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2013rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously before the Board in September 2020, at which time the Board remanded the claim for further development. Specifically, the Board directed the RO to obtain disability claim records from the Social Security Administration (SSA). The requested development has been completed. SSA records have been obtained. The case is now before the Board for further appellate review. 1. Entitlement to dependency compensation on the basis of permanent incapacity for self-support for the Veteran's son, AM., is remanded. The Board cannot make a fully-informed decision on the issue of whether the Veteran’s son, A.M., was permanently incapable of self-support prior to the age of 18 because no VA examiner has opined on the issue. The Appellant contends that the Veteran’s son, A.M., was rendered incapable of self-support prior to attaining the age of 18. The Veteran’s son, A.M., attained the age of 18 in July 2000. The Appellant contends that A.M. is a helpless child because he became incapable of self-support prior to the age of 18 due to his disabilities of severe hearing loss, a suspected learning disability, and a psychiatric disorder. She asserts that he is mentally like a teenager. The matters are REMANDED for the following action: 1. Obtain a retrospective opinion from an appropriate examiner as to whether the Veteran’s son, A.M., was permanently incapable of self-support prior to attaining age 18. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. Although an independent review of the claims file is required, the examiner’s attention is called to the following: (a.) An October 2009 psychological evaluation showing: A.M. had significant hearing loss at age 5; A.M. fell behind in language skills; and word reading and sentence comprehension scores were significantly below expectations, consistent with a diagnosis of learning disorders; A.M. is capable of further training at the post-secondary level and that A.M. would be suited for some occupations noted on the Career Interest Inventory; (b.) April 2009 treatment records in which A.M.’s sister reported that he has never been diagnosed with depression or sought mental health treatment; (c.) Disability Determination Explanation documents from the Social Security Administration that indicate evidence shows A.M. is mentally like a teenager; (d.) A notation from A.M.’s school that he was in special education services in school under the category of Specific Learning Disability; high school transcripts showing graduation from high school with a C average; (e.) September 2009 treatment records showing a history of hearing loss for many years with sudden and total loss the previous week; (f.) May 2016 private treatment records showing A.M.’s report that he cut his wrists, chest and legs from ages 13 to 28, attempted suicide at age 14, and would walk in front of traffic in his teens. A medical record three days later indicated A.M.’s history report varied from what was described at admission; (g.) A January 2017 record in which A.M. reported having command auditory hallucinations starting at 18 years of age; (h.) The Veteran’s argument that A.M. has had these disabilities during his entire life, but they have gotten worse as A.M. has gotten older; and (i.) An August 2016 statement from A.M.’s sister detailing AM’s struggles in school, attempts to live independently immediately after high school, and having money stolen from him due to his mental deficiencies. 2. If upon completion of the above action any benefit sought on appeal remains denied, the case should be returned to the Board after compliance with appellate procedure. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Rocktashel, 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.