The Veteran's biological son, who was born in October 1976 and turned 42 at the time of his father's death, is not eligible for DIC or other VA benefits due to being over 18 years old. The Board found no evidence that he was permanently incapable of self-support prior to turning 18.
The deciding factor: The Appellant did not provide sufficient evidence to show he was permanently incapable of self-support before reaching the age of 18, as his disability occurred after he turned 18 and was caused by a motor vehicle accident in 2005.
- Claimed conditions
- permanent incapacity to self-support
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2018
- Citation
- 18154202
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 18154202.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the application to reopen the claim of recognition as the helpless child due to lack of new and material evidence, as the submitted records were previously considered in the previous denial.
- Remanded (sent back)
The Board has ordered additional development due to a need for a medical opinion regarding the Appellant's ability to self-support prior to reaching his 18th birthday. The appeal is currently on hold until further notice.
- Remanded (sent back)
The Board is remanding the case for additional development due to insufficient reasons and bases in the prior decision, failure to provide adequate VCAA notice, and unclear marital status of the appellant.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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