The veteran's daughter, who is over the age of 23 and has not presented evidence that demonstrates she became incapable of self-support before reaching the age of 18, does not have legal entitlement to dependency and indemnity compensation benefits.
The deciding factor: The appellant lacks legal entitlement as a claimant due to her age and lack of evidence demonstrating incapacity at an earlier age.
- Claimed conditions
- shell fragment wound residuals, ankylosis of the left knee, residuals of a right tibia fracture, muscle injury, multiple scars, disability of the right knee and right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2008
- Citation
- 0801933
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 0801933.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for a rating of 30 percent, but no higher, for ankylosis of the left knee and a rating of 20 percent, but no higher, for left lower extremity radiculopathy have been granted.
- Denied
The Veteran's claim for an earlier effective date for TDIU is denied. The Veteran does not qualify for DEA benefits prior to his current effective date of March 25, 2019. SMC based on housebound criteria was granted as of that same date.,The Veteran's claim for an earlier effective date for basic eligibility to DEA benefits is denied. The Veteran did not meet the criteria at the time of his TDIU award and thus cannot qualify for DEA benefits prior to March 25, 2019.,SMC based on housebound criteria was granted as of March 25, 2019.
- Granted
The Veteran was granted TDIU for the period from January 1, 2017, but not earlier.,For the period from May 8, 2013, to December 31, 2016, the Veteran's employment did not meet the criteria for TDIU as his income exceeded the poverty threshold.
- Remanded (sent back)
The Board has remanded several issues related to service connection and disability ratings for various conditions, including low back condition, right tibia fracture residuals, bilateral hearing loss, liver disease, headaches, PTSD, TDIU, IBS, and an effective date for IBS. The remand includes obtaining reserve records, psychiatric examination reports, and sending a copy of the July 2016 Statement of the Case to the Veteran.
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