Citation Nr: 21029249
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 14-11 203
DATE: May 13, 2021

REMANDED

Survivor pension benefits for the Veteran's children.

 

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to May 1968.  The Veteran died in March 2010 and the appellant is the custodial parent of his son and daughter.

The case is on appeal from a February 2013 decision.

In a June 2018 decision, the Board denied surviving spouse status for the appellant and remanded the issue remaining on appeal for additional development.

Survivor pension benefits for the Veteran's children.

The appellant is seeking survivor pension benefits for the Veteran's son and daughter.  In an April 2011 claim form, the appellant reported being married to the Veteran until his death in March 2010.  In February 2014, the appellant reported unreimbursed medical expense totals for 2011, 2012, and 2013 for the Veteran's son and daughter, but did not submit documentation of these expenses.  In June 2018, the appellant submitted forms denying any income for the Veteran's son and daughter and reporting that they both attended school throughout the appeal period.

However, in April 2016, Social Security Administration (SSA) records were associated with the file showing income for the Veteran's son from March 2010 to May 2015 and his daughter from March 2010 to November 2011.  In addition, in March 2018, a translated copy of a judgment of divorce was associated with the file that shows the appellant was divorced from the Veteran in October 1998.

Therefore, the Board finds that it is necessary to obtain documentation from the appellant to verify the reported unreimbursed medical expenses and college attendance.  On remand, the appellant should be afforded an opportunity to submit adequate proof of the paid unreimbursed medical expenses and proof of the reported ongoing education or training after the age of 18 by the Veteran's son and daughter.  See 38 C.F.R. §§ 3.57, 3.277.

The claim is REMANDED for the following action:

Request the appellant and her representative submit documentation of payment for all claimed unreimbursed medical expenses of the Veteran's son and daughter and documentation of their attending education or training courses from the age of 18 to the age of 23.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Jimerfield

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.