Citation Nr: 21029926 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 08-21 530 DATE: May 17, 2021 REMANDED Entitlement to recognition of J.D.Y.O. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, served on active duty from August 1970 to June 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2007 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Board denied entitlement to recognition of J.D.Y.O. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18. The Veteran appealed this denied claim. In October 2020, the United States Court of Appeals for Veterans Claims (Court) granted a September 2020 Joint Motion for Remand (JMR) by counsel for the Veteran and VA, vacated the Board's October 2019 decision, and remanded this matter to the Board for action consistent with the JMR. Unfortunately, additional development is needed prior to adjudication of the case on the merits. Entitlement to recognition of J.D.Y.O. as the helpless child of the Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 is remanded. The Veteran's representative asserts that the Veteran was never generally notified to submit contemporaneous medical records regarding J.D.Y.O.'s condition prior to the age of 18 or a release authorization so that VA could make reasonable attempts to obtain those records. Furthermore, the representative stated that the Veteran was not provided with notice to submit treatment records from Dr. C.M. or the Concilio de Salud Integral de Lioza. Therefore, the Board finds that remand is warranted to notify the Veteran to submit these identified records or a release authorization so that VA can make reasonable attempts to obtain those records. In addition, the record indicates that J.D.Y.O. receives disability benefits from the Social Security Administration (SSA). See SSA Disability Determination and Transmittal, and April 2006 letter from SSA to J.D.Y.O. An October 2007 response from SSA indicates that J.D.Y.O. is not entitled to SSA benefits and no medical records are on file with SSA. However, while this response contains J.D.Y.O.'s name, the listed social security number is not J.D.Y.O.'s. Therefore, another attempt to obtain J.D.Y.O.'s SSA records must be made. See Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992). The matters are REMANDED for the following action: 1. Ask the Veteran to submit contemporaneous medical records regarding J.D.Y.O.'s condition prior to the age of 18. 2. Provide the Veteran with a VA Form 21-4142, Authorization and Consent to Release Information to VA, for EACH of J.D.Y.O.'s identified medical providers, including Dr. C.M. and the Concilio de Salud Integral de Lioza, and ask that the form(s) be completed and returned. All VA Forms 21-4142 must be signed by J.D.Y.O., unless she has been adjudicated incompetent by an appropriate state or territorial court. Associate all records obtained with the claims file. If any identified records are unavailable or cannot be obtained, inform the Veteran and give him an opportunity to submit such information. 3. Obtain from SSA, any and all records pertaining to the Veteran's daughter, J.D.Y.O. The requested records should include any determinations, and copies of all medical records considered in deciding any SSA disability claim. If the records are not available, that should be documented in the record and the Veteran should be notified and afforded the opportunity to submit such SSA records. 4. 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.