The appellant, who is the deceased veteran's son and 47 years old at the time of filing, does not meet the eligibility requirements for accrued benefits as a surviving child.
The deciding factor: The evidence shows that the appellant was born in May 1959 and was 47 years old at the time he filed his claim, thus he is not considered a child under VA law for purposes of eligibility for accrued benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908170
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.