Citation Nr: 21027083 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 18-50 159 DATE: May 4, 2021 REMANDED Entitlement to recognition of J.F. as a "helpless child" of the Veteran on the basis of permanent incapacity for self-support prior to attaining age 18 is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1993 to September 1994. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran indicated her last name has changed since her recent marriage in July 2019. The Veteran submitted a marriage certificate that documented her married last name, as updated in the header of the Board remand. Thus, the Board directs the RO's attention to the change in the Veteran's last name and to update the record accordingly. The issues of entitlement to an increased rating greater than 70 percent for major depressive disorder with posttraumatic stress disorder (PTSD), entitlement to an increased rating greater than 10 percent for dysrhythmia, PVCS, and entitlement to a total disability rating based on individual unemployability will be addressed in a separate Board decision. The Veteran provided testimony before the undersigned Veterans Law Judge in August 2020 and a hearing transcript is associated with the record. At the Board hearing, the undersigned Veterans Law Judge granted the Veteran's request to hold open the record for an additional 90 days for the Veteran to submit additional evidence. As the 90 days has expired and the Veteran has not submitted additional evidence to date, the Board will proceed with the appeal. The Veteran submitted relevant medical records prior to certification of the appeal to the Board. Therefore, a supplemental statement of the case (SSOC) addressing that evidence must be furnished to the Veteran, and her representative, as provided in 38 C.F.R. § 19.31. See 38 C.F.R. § 19.37(a). In addition, at the August 2020 Board hearing, the Veteran's representative indicated that the Veteran's son, J.F., receives Social Security Disability Income and requested that the record be held open for 90 days to obtain the Social Security Administration (SSA) records. However, there are no SSA records currently within the Veteran's file. Thus, on remand, any outstanding SSA records for J.F. must be obtained. 38 C.F.R. § 3.159(c)(2); see Dunn v. West, 11 Vet. App. 462, 466-67 (1998); Bell v. Derwinski, 2 Vet. App. 611, 613 (1992). The Board also notes that in August 2019, the Veteran submitted a June 2019 Medical Emergency Certification form completed by J.F.'s healthcare provider, Dr. V.L., that documents J.F. suffers from periodic paralysis and that if "utility is turned off," he is at risk of falls in a dark area and if exposed to cold temperature. The physician noted that the anticipated duration of the condition is lifelong. Upon remand, VA should obtain the necessary authorization and request treatment records from Dr. V.L. The matter is REMANDED for the following action: 1. Ask the Veteran and/or J.F. to complete a VA Form 21-4142 for records from Dr. V.L. and any other private treatment received, to include prior to J.F.'s 18th birthday. Make two requests for the authorized records from each facility, unless it is clear after the first request that a second request would be futile. 2. Undertake appropriate action to associate J.F.'s Social Security Administration records with the Veteran's claims file. Please note that the request should be for the Veteran's son's, J.F.'s records, and not the Veteran. Document all requests for information as well as all responses in the record. 3. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and her representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sarah Campbell, 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.