The Veteran's surviving brother is not eligible for increased DIC benefits as he does not meet the legal requirements of being a child, illegitimate child, or stepchild of the Veteran.
The deciding factor: The Appellant's claim fails because the Veteran's brother was not a legitimate, legally adopted, or illegitimate child of the Veteran at the time of his death and thus does not qualify for DIC benefits on behalf of the surviving brother.
- Claimed conditions
- Cerebral Palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2013
- Citation
- 1342470
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 1342470.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's son, M.B., was found to be permanently incapable of self-support prior to his 18th birthday due to disabilities including cerebral palsy and learning disorders. The Board granted recognition as a helpless child.
- Denied
The Board denied the appellant's claim for recognition as a helpless child of his father due to his previous marriage, which occurred after November 1, 1990. The appellant was previously married and divorced in February 1993, and thus did not meet the eligibility criteria for VA benefits.
- Granted
The Board found that the Veteran's cerebral palsy was incurred during service and granted service connection. However, it determined that his low back disability did not have its clinical onset in service or is otherwise related to his active service.
- Denied
The Board found that the appellant was not permanently incapable of self-support at the age of 18 due to her cerebral palsy, and thus is not eligible for VA benefits on the basis of helpless child status.
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