The Veteran's widow was granted special monthly pension (SMP) for aid and attendance in November 2009, but she died before benefits were paid. The appellant, who is the son of the Veteran and the Veteran's widow, sought to be awarded the full amount of existing accrued benefits due to funeral expenses he had paid on her behalf. However, the appellant was not a qualifying child for VA purposes and thus only received reimbursement for the last expenses of the payee.
The deciding factor: The appellant is not a qualifying 'child' as defined in 38 C.F.R. § 3.1000(d)(2) due to his date of birth, and therefore, under federal regulations, payment of accrued funds was limited to the amount paid by the claimant for the last expenses of the payee.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 19, 2014
- Citation
- 1407015
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 1407015.
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).
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