The Board denied the appellant's claim for an apportionment of the veteran's disability compensation benefits on behalf of his two minor children, as the veteran was found to have reasonably discharged his responsibility for their support.
The deciding factor: The veteran made multiple attempts to maintain contact with and provide support for his children during their minority, but was prevented from doing so by the appellant. The veteran also had a portion of his Social Security Administration benefits dispatched to the children. Given these circumstances, a general apportionment was not warranted. Additionally, while the appellant demonstrated financial hardship, an apportionment would cause undue hardship on the veteran.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2009
- Citation
- 0904616
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.