Citation Nr: 21014447 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 15-28 066 DATE: March 12, 2021 REMANDED Entitlement to recognition of the appellant as the Veteran’s surviving spouse for the purpose of establishing eligibility for VA benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1968 to April 1970. He served in the Republic of Vietnam and was awarded the Bronze Star Medal. Unfortunately, he died in April 2012. The appellant contends that she is the Veteran’s surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 decision of a Department of Veterans Affairs (VA) Pension Management Center (PMC), which denied entitlement to service connection for the cause of the Veteran’s death and entitlement to service-connected burial benefits. The Veteran testified at a June 2018 Board videoconference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is associated with the claims file. In February 2019, the Board remanded the issues of entitlement to service connection for the cause of the Veteran’s death and entitlement to service-connected burial benefits for additional development. In a May 2020 rating decision, a VA Regional Office (RO) granted service connection for the cause of the Veteran’s death. In a July 2020 decision, the RO granted entitlement to service-connected burial benefits. In July 2020, the RO issued a supplemental statement of the case (SSOC) as to the issue of “whether or not VA was correct to deny entitlement to Dependency and Indemnity Compensation.” The SSOC explained that while service connection had been granted for the cause of the Veteran’s death, the appellant’s claim for DIC benefits had been denied because there was insufficient evidence of record to recognize the appellant as the Veteran’s surviving spouse for the purpose of establishing eligibility for VA benefits. In November 2020, the Board remanded this appeal for additional development. Unfortunately, additional development is needed prior to adjudication of the case on the merits. Entitlement to recognition of the appellant as the Veteran’s surviving spouse for the purpose of establishing eligibility for VA benefits is remanded. The appellant seeks to be recognized as the surviving spouse of the Veteran for the purpose of eligibility for VA benefits. As explained in the Board’s prior remand, the claims file is missing certain details about the Veteran’s marital information, specifically regarding the places and dates of his divorces. In January 2021, the appellant informed VA of the date and place of Veteran’s divorce from C.C. However, the file still does not include the location of the Veteran’s February 1969 divorce from L.C. The Board observes that the Veteran was on active duty at the time of his reported divorce from L.C. As such, the location of his divorce from L.C. may be noted in his military records, as L.C. may have been listed as his dependent. Therefore, remand is warranted to attempt to obtain this information from the Veteran’s military personnel records or any appropriate military records or records repository that would reflect changes in the Veteran’s dependents The matters are REMANDED for the following action: 1. Attempt to verify the details of the Veteran’s February 1969 divorce from any appropriate military records or records repository that would reflect changes in the Veteran’s dependents. Information regarding the location of the Veteran’s February 1969 divorce from L.C. is needed. 2. Obtain the Veteran’s military personnel records and associate them with the claims folder. 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.