The Board has remanded the issue of an effective date prior to September 7, 2004, for recognition of L., as a ‘helpless child’ of the Veteran due to the inextricably intertwined nature with the timely July 2003 request for an extension of time in which to submit a substantive appeal from the May 2002 Agency of Original Jurisdiction determination that new and material evidence had not been submitted to reopen the claim for recognition of L., as a ‘helpless child’ of the Veteran.
The deciding factor: The timely July 2003 request for an extension of time in which to submit a substantive appeal is inextricably intertwined with the issue of the appropriate effective date for recognition of L., as a 'helpless child' of the Veteran and must be addressed prior to adjudication of that issue.
- Claimed conditions
- helpless child
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2018
- Citation
- 18121002
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 18121002.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has granted a dependency award for the Veteran's child, J.F., as a 'helpless child' and this decision is final.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the claim of recognition of A.T. as the Veteran's helpless child, which was previously denied in August 2011. The case is being remanded for further action.
- Denied
The Board found that the overpayment of VA dependency benefits was valid due to the Veteran's continued acceptance of benefits for his son M.W. despite knowing he should not have been receiving them.
- Denied
The Board denied a request for an effective date prior to March 22, 2005 for DIC and death pension benefits as a helpless child of the Veteran. The claim was not filed before this date.
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