The Veteran's daughter, L.W., was found to be permanently incapable of self-support prior to her 18th birthday due to disabilities including mental retardation. The Board granted recognition as a helpless child.
The deciding factor: L.W.'s disabilities, including mental retardation, clearly existed prior to her becoming 18 and rendered her unable to sustain employment.
- Claimed conditions
- permanent incapacity for self-support, mental retardation
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2019
- Citation
- 19107324
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to incomplete administrative procedures related to A.E.'s permanent incapacity for self-support, and the need to implement specific procedures in M21-1.
- Remanded (sent back)
The Veteran's daughter, C.P., is seeking recognition as his 'helpless child' due to her permanent incapacity for self-support prior to reaching age 18. The Board has ordered additional development including a medical examination of C.P.
- Granted
The Veteran's son, who was diagnosed with mental retardation and permanently incapable of self-support by reason of his condition at the age of 18, is eligible for VA death pension benefits.
- Denied
The Board denied the appellant's claim for recognition of her son, P.O., as a helpless child of the deceased Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 years. The evidence did not show that P.O. was permanently incapable of self-support by reason of physical or mental defects at the time he turned 18.
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