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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0113034.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding whether the service member's death was caused by his in-service exposure to contaminated water at Camp Lejeune. The appellant must provide updated VA and private treatment records, and a new opinion is needed from a VA clinician.
- Whole decision: Denied
The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his small cell carcinoma to his military service or exposure to radiation or chemicals.
- Whole decision: Remanded (sent back)
The Veteran died of small cell carcinoma, which is not service-connected. The Board has ordered additional development to obtain records and clarify the cause of death.
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