The veteran's son is not entitled to accrued benefits in excess of $1496.00 as he does not meet the criteria for a child under VA regulations and the maximum benefit available under the accrued benefits provisions has been awarded.

The deciding factor: The appellant, who is the veteran's son, did not meet the requirements to be considered a 'child' for VA purposes due to his age and because he was not permanently incapable of self-support before the age of 18 years old. The appellant also submitted evidence showing that he paid $2996 toward the veteran's funeral and burial expenses, which were reimbursed by the RO.

Claimed conditions

left upper lobe mass, small cell carcinoma, metastatic disease to the liver and probable to the iliac bones

How they argued it

Presumptive (no nexus needed)

Exposure basis

Agent Orange / herbicides

Rating assigned

100%

Decision date

May 8, 2001

Citation

0113034

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0113034.