The veteran's surviving child is entitled to a monthly rate of $241.00 for DIC, but the appellant's claim is denied as she is not eligible for a higher rate due to the existence of a recognized surviving spouse.
The deciding factor: DIC rates are capped by law based on the presence or absence of a surviving spouse and do not exceed the maximum rate set forth in VA regulations.
- Claimed conditions
- Congenital heart defect
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 21, 2006
- Citation
- 0611636
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0611636.
What this means for you
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