Citation Nr: 21039443
Decision Date: 07/29/21	Archive Date: 07/29/21

DOCKET NO. 16-33 523
DATE: July 29, 2021

REMANDED

Entitlement to recognition as the Veteran's surviving spouse, for the purposes of entitlement to dependency and indemnity compensation (DIC) benefits, is remanded.

REASONS FOR REMAND

The Veteran had active military service from May 1966 to May 1969.  Regrettably, the Veteran died in August 2015.  The appellant seeks recognition as the Veteran's surviving spouse in this contested claim.

This matter comes before the Board of Veterans' Appeals (Board) from a January 2016 decision of a Department of Veterans Affairs (VA) Regional Office.  The Board then denied the appellant's claim to be considered the Veteran's surviving spouse for the purposes of DIC benefits in a November 2018 decision.  The appellant appealed that decision to the United States Court of Appeals for Veterans Claims (Court), which issued a memorandum decision in August 2020.  The Court vacated the Board's November 2018 decision and remanded the matter for further proceedings consistent with the terms of the memorandum decision.

Entitlement to recognition as the Veteran's surviving spouse, for the purposes of DIC benefits, is remanded.

The Board finds that additional development is needed before issuing another decision on the merits of the appellant's claim. 

As an initial matter, the Board observes that D.G., the other interested party who VA has so far determined to be the Veteran's surviving spouse, submitted a statement in January 2016 in which she stated that she had submitted a claim as the Veteran's surviving spouse to the Social Security Administration (SSA).  The Board finds that any such records regarding SSA's determination as to her relationship to the Veteran are relevant to the current claim.  A remand is required to obtain these potentially relevant Federal records.

The Board also notes that during the Veteran's lifetime, the statements he made regarding his marital history varied widely.  However, among the earliest reports he made regarding his marriage to D.G. indicate they had divorced in San Bernardino, California in 1985.  The Board finds that a remand is required to make reasonable efforts to contact the appropriate Superior court in the State of California, or other potentially relevant authority, to determine whether the Veteran and D.G. had been divorced at that time or any time thereafter.  

The matters are REMANDED for the following action:

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1. Obtain D.G.'s Federal records from SSA, to include any records relating to any determinations regarding any potential marriage or widow's benefits relating to the Veteran and D.G.'s relationships.  

2. Contact the Superior Court of San Bernardino County, California, or any other appropriate authority, and make reasonable efforts to obtain any records relating to divorce proceedings on file regarding the Veteran, to include relating to D.G.  Make two requests for the records, unless it is clear after the first request that a second request would be futile.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Whitelaw, 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.