Citation Nr: 21026191
Decision Date: 04/30/21	Archive Date: 04/30/21

DOCKET NO. 18-13 895
DATE: April 30, 2021

REMANDED

Entitlement to death benefits is remanded.

REASONS FOR REMAND

The Veteran had active service from April 2007 to June 2009.  

The record indicates that the Veteran died in April 2017.  In June 2017, the appellant filed a VA form 21-534.  The appellant was legally married to the Veteran since 2008.  The record indicates that the appellant and Veteran had lived apart, with the appellant in Brazil, since approximately October 2009, when the Veteran returned to the United States from Brazil.  

In a March 2018 statement of the case (SOC), VA accepted the appellant’s statement regarding the separation from the Veteran but denied the claim because the record did not include a medical statement with a cause of death.  At the time of the SOC, the record did not include any medical records dated after 2014.  The appellant submitted a medical examiner’s certificate in February 2019.  

The Board finds the record would benefit if the medical records associated with the Veteran’s death and prior thereto were obtained.  

The matters are REMANDED for the following action:

1. Obtain the outstanding VA treatment records, notably those dated from 2015.  Undertake development to obtain the medical records associated with the Veteran’s death.  

2. Adjudicate the issue of entitlement to death benefits on the merits.  If the benefit sought on appeal is not granted to the appellant’s satisfaction, furnish to the appellant and her representative a supplemental statement of the case and afford her the requisite opportunity to respond.  Thereafter, if indicated, the case should be returned to the Board for further appellate action.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Snyder, 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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.