The Board denied the claim as the Appellant was not a child of the Veteran under either 38 C.F.R. § 3.57(a)(1)(i) or (iii) at the time she filed her claim in August 2010, and her marriage is a bar to receiving pension or compensation from VA as a 'helpless child' of the Veteran.
The deciding factor: The plain meaning of the regulation shows that the bar is not lifted when the marriage terminates. The regulation states that pension or compensation may not be paid to a helpless child who has married; it does not refer to a helpless child who is married.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2014
- Citation
- 1447771
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 1447771.
What this means for you
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What you can do next
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