The Veteran's daughter, M.J.J., was not shown to be permanently incapable of self-support prior to the age of 18 due to Down's syndrome. The Board denied the claim for helpless child benefits.
The deciding factor: There is no medical documentation showing permanent incapacity for self-support prior to age 18 or a diagnosis of Down's syndrome in the file.
- Claimed conditions
- Down's syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 16, 2011
- Citation
- 1146037
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. Read the original VA decision (opens in a new tab) using citation 1146037.
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: Granted
The Board found that the appellant's daughter LF, who has Down's syndrome and is permanently incapable of self-support, had her SSA payments to the appellant as payee reasonably available for use by the appellant. Therefore, the income from these payments was considered countable income for pension purposes.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Whole decision: Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Whole decision: Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
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