The Veteran's child, V., was determined to be a helpless child of the Veteran in 1979. The March 2007 divorce decree terminated his marriage and thus ended his entitlement to death benefits as a helpless child.
The deciding factor: The law disallows restoration of benefits for a helpless child who married and had their marriage recognized by a court, even if they were not living together or considered 'practically never' married.
- Claimed conditions
- helpless child
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 1, 2009
- Citation
- 0924709
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. Search VA.gov for the original decision (opens in a new tab) using citation 0924709.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has granted a dependency award for the Veteran's child, J.F., as a 'helpless child' and this decision is final.
- Whole decision: Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the claim of recognition of A.T. as the Veteran's helpless child, which was previously denied in August 2011. The case is being remanded for further action.
- Whole decision: Denied
The Board found that the overpayment of VA dependency benefits was valid due to the Veteran's continued acceptance of benefits for his son M.W. despite knowing he should not have been receiving them.
- Whole decision: Denied
The Board denied a request for an effective date prior to March 22, 2005 for DIC and death pension benefits as a helpless child of the Veteran. The claim was not filed before this date.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.