The Veteran did not have active military service during a wartime period, and his child was born with cerebral palsy. The Board has remanded the case for further development to determine if the appellant became permanently incapable of self-support by reason of a mental or physical disability prior to attaining 18 years of age.
The deciding factor: The Veteran did not have qualifying service during a period of war, which is required for nonservice-connected death pension benefits. The Board has also remanded the case due to the appellant's claim for helpless child benefits on the basis of permanent incapacity prior to attaining 18 years of age.
- Claimed conditions
- Cerebral palsy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2019
- Citation
- 19103171
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.
- Granted
The Veteran's step-son, F.B., was found to be permanently incapable of self-support prior to his 18th birthday due to intellectual disabilities and physical impairments. The Board granted recognition as a helpless child.
- Denied
The Veteran's daughter is not eligible for compensation under 38 U.S.C. § 1151 due to the injury she incurred at Naval Hospital Camp Pendleton, as it was not caused by VA medical care or a VA work therapy program.
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