Citation Nr: 21040693 Decision Date: 07/06/21 Archive Date: 07/06/21 DOCKET NO. 19-29 047 DATE: July 6, 2021 REMANDED Whether new and material evidence has been received to reopen the claim of entitlement to Dependency and Indemnity Compensation (DIC) benefits on the basis of permanent incapacity of self-support, to include recognition of the appellant as the Veteran's stepchild for DIC benefit purposes, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1988 to July 2003. He died while on active duty in July 2003. The appellant is claiming DIC benefits as his stepdaughter. This matter comes to the Board of Veterans Appeals (Board) on appeal from a December 2017 decision of the Department of Veterans' Affairs (VA) Regional Office. A Report of General Information in December 2020 shows that the appellant withdrew her request to testify at a Board hearing. In the December 2017 decision on appeal, the Agency of Original Jurisdiction (AOJ) continued to deny the appellant's claim for DIC benefits as a stepchild of the Veteran. The AOJ previously denied this claim in November 2012 and the appellant did not appeal this determination. Accordingly, the determination is final. 38 C.F.R. § 20.1103. Thereafter, in November 2016, the appellant filed an application to reopen her claim for entitlement to DIC benefits which the AOJ denied in December 2017. The AOJ denied the claim on the basis that there was insufficient evidence to establish that, as a stepchild of the Veteran, she became permanently incapable of self-support prior to age 18. See 38 C.F.R. § 3.57. However, during the pendency of this appeal, in an April 2019 administrative decision, the AOJ determined that there was insufficient evidence to show that the appellant satisfied VA's definition of a stepchild for VA benefits purposes thus raising the issue of her legitimacy as a stepchild of the Veteran. VA regulation provides that when the issue of the legitimacy of a child is raised, evidence will be required to establish the legality of the marriage of the mother of the child to the veteran or to show that the child is otherwise legitimate by State laws together with evidence of birth as outlined in 38 C.F.R. § 3.209. In regard to the provisions for birth under § 3.209, examples of evidence sufficient to establish relationship includes a public record of birth, a copy of a church record of baptism, affidavits or certified statements of two or more persons, preferably disinterested, who will state the age, showing the name, date and place of birth of the person whose age or relationship is being established, insurance policies, and school records. Here, the record shows that the appellant was notified of the AOJ's determination regarding her legitimacy as a claimant/stepchild in the June 2019 statement of the case (SOC), as well of the requirements for establishing legitimacy. Thereafter, in the September 2019 substantive appeal, the appellant asserted that VA has proof that she is the Veteran's stepdaughter. However, the record does not contain any of the evidence that is listed under §§ 3.209 and 3.210 to show proof of relationship. In this regard, the record lacks the requisite evidence to show the relationship between the appellant and her mother and between her mother and the Veteran. Thus, to ensure that the appellant is afforded every possible consideration in support of her claim, a remand is required to inform her of the specific types of evidence required to establish her legitimacy as a stepchild of the Veteran for DIC benefit purposes. If it is found that the appellant is a recognized stepchild of the Veteran for VA benefit purposes, the AOJ must readjudicate the appellant's application to reopen the claim for entitlement to DIC benefits on the basis that she was permanently incapacitated for self-support prior to age 18. The matters are REMANDED for the following action: 1. Notify the appellant of the specific requirements to establish recognition as a stepchild of the Veteran to include the evidence outlined in 38 C.F.R. §§ 3.209 and 3.210. 2. After conducting any additional development that may be warranted due to any additional evidence/statements submitted by the appellant regarding her status as a stepchild of the Veteran, readjudicate the issue on appeal. If the benefits being sought on appeal remain denied, issue a supplemental statement of the case. Then, return the case to the Board, if otherwise in order. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shawkey, Anne M. 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.