The Veteran's daughter, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to her mother as she is not a dependant 'child' of the Veteran at the time of filing.
The deciding factor: The Appellant was born in 1952 and filed for Dependency and Indemnity Compensation and death pension benefits when she was 56 years old, which made her ineligible as per VA regulations. Additionally, she did not file within one year after her mother's death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2011
- Citation
- 1130348
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 1130348.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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