The Veteran's daughter, who was over the age of 23 when she filed her claim for Dependency and Indemnity Compensation, is not considered a helpless child due to permanent incapacity for self-support before reaching the age of 18. Therefore, she does not meet the eligibility requirements for death benefits.
The deciding factor: The appellant was over the age of 23 when she filed her claim, and thus cannot be considered a helpless child based on permanent incapacity for self-support prior to attaining the age of 18.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104688
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.