Citation Nr: 21015932 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 17-62 554 DATE: March 18, 2021 REMANDED Entitlement survivor benefits, on the basis that the appellant is permanently incapable of self-support, to include service connection for cause of death, and dependency and indemnity benefits under 38 U.S.C. § 1151 is remanded. REASONS FOR REMAND The Veteran had active duty from December 1951 to November 1955. The Veteran died in May 2011. The appellant is the Veteran’s surviving child. The appellant appeals the denial of survivor benefits, on the basis that the appellant is permanently incapable of self-support, to include service connection for cause of death, and dependency and indemnity benefits under 38 U.S.C. § 1151. In an April 2019 decision, the Board denied the claim. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an April 2020 Order, the Court issued a memorandum decision which vacated the April 2019 Board decision and remanded the case for further development. In this case, the appellant asserts that she was permanently incapable of self-support by reason of disability prior to the age of 18 years old. The appellant reports that when she was a teenager, she was in two accidents and suffered severe injuries which caused her to become permanently incapable of self-support. In her application for VA death benefits, the appellant reported that she received Social Security benefits. The Board notes that an October 2016 Social Security inquiry profile further indicates that the appellant is in receipt of Social Security Administration (SSA) benefits. The underlying records for that application are potentially pertinent to the Board's current analysis of whether the appellant has been permanently incapable of self-support prior to attaining age 18. As such, on remand an attempt should be made to locate and associate these records. Additionally, on remand, the appellant should be given the opportunity to submit medical records showing that she was permanently incapable of self-support before the age of 18. While the appellant has submitted medical treatment records indicating several current physical and mental health ailments, the record is devoid of any objective evidence showing that the appellant was permanently incapable of self-support prior to turning the age of 18. Although requested to do so previously, the Board finds that on remand the appellant should be afforded another opportunity to submit such evidence. The Board defers consideration of a VA examination or opinion pending the additional development identified above. See generally Kahana v. Shinseki, 24 Vet. App. 428 (2011) (discussing the "chicken-or-egg" dilemma faced by VA when requesting opinions and making credibility determinations with an undeveloped record, and recognizing that fact-finding is a responsibility that is ultimately committed to the Board and not a VA medical examiner). The matters are REMANDED for the following action: 1. After obtaining any necessary authorization, contact the Social Security Administration and obtain a copy of all relevant decisions and medical records relied upon in conjunction with the appellant’s claim for Social Security Administration benefits. All efforts to obtain the Social Security records should be fully documented, and a negative response must be provided if any decisions and/or records are not available. 2. Assist the appellant in determining the year and basis for her divorce, to include any court documents and certificates. 3. Ask the appellant to submit evidence in support of her claim that she was incapable to self-support prior to 18 years old, such should include, but not limited to: (1) a statement from a physician who knows of the appellant’s condition prior to 18 years of age showing the extent of her disability, diagnosis, prognosis, and date of onset; (2) police reports of the accidents prior to 18 and (3) medical records from that period of time. In doing so, ask the Veteran to complete a VA Form 21-4142 for each private medical provider and/or private medical facility from which she received medical treatment for her car accidents prior to 18 years old. Thereafter, request the identified records and associate them with the record. (continued on the next page) 4. Upon completion of the above requested development and any additional development deemed appropriate, the AOJ should readjudicate the remanded issue. If any benefit sought on appeal remains denied, the appellant and her representative should be provided with a supplemental statement of the case. An appropriate period of time should be allowed for response. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.S. Willie 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.