Citation Nr: 22019243
Decision Date: 03/31/22	Archive Date: 03/31/22

DOCKET NO. 17-00 666
DATE: March 31, 2022

REMANDED

Entitlement to recognition of the appellant as a helpless child on the basis of permanent incapacity for self-support prior to attaining the age of 18 years is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1943 to January 1946.  The Veteran died in April 1994.  The appellant is the Veteran's adult child.   

1. Entitlement to recognition as a helpless child  

The appellant provided a statement from the Social Security Administration (SSA) revealing disability benefits; however, the applications, decisions, and medical records associated with the SSA claim are not in the record.  Where the record contains factual notice to VA that the appellant receives SSA benefits, VA has the duty to acquire a copy of the SSA records, including the decision granting SSA benefits and the supporting medical documentation, as they may be relevant.  Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010); Baker v. West, 11 Vet. App. 163 (1998).

Additionally, the appellant reported that he received special education services beginning in fourth grade.  A remand is required to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following action:

1. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture.

2. Obtain from SSA all records pertaining to the Veteran's claim for disability benefits, including copies of all medical records considered in deciding any claim.

3. After securing the proper authorizations where necessary, make arrangements to obtain all the special education records from the sources provided by the appellant.  

If, after making reasonable efforts, the records cannot be obtained, notify the appellant and his representative and (a) identify the specific records that cannot be obtained; (b) briefly explain the efforts made to obtain those records; and (c) describe any further action to be taken with respect to the claim.  The appellant must then be given an opportunity to respond.

The appellant is encouraged to submit any special education records he may have in his possession.

4. Upon completion of the above directives, complete any other necessary development after review of any additionally received records.

5. Finally, readjudicate the appeal.  If the benefits sought remains denied, issue a supplemental statement of the case and return the case to the Board.    

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. A. Prinsen

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.