The Veteran's surviving spouse applied for death pension benefits, including SMC based on aid and attendance. The appellant is not considered a 'child' within applicable regulations for purposes of entitlement to accrued benefits. She does not have standing to collect any such benefits as she reports being over the age of 23.
The deciding factor: The appellant is not entitled to accrued benefits due to her relationship to the Veteran's surviving spouse as she does not meet the definition of child for accrued benefits purposes and she is not eligible for benefits in that capacity.
- 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 23, 2019
- Citation
- 19105245
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.