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.
What this means for you
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