The Board denied improved death pension benefits as the evidence does not demonstrate that the Appellant was permanently incapable of self-support prior to the age of 18.
The deciding factor: The evidence did not support a finding of permanent incapacity for self-support prior to the age of 18 due to the Appellant's organic mental disorder and mild mental retardation, which did not render him dependent on others' support.
- Claimed conditions
- organic mental disorder, mild mental retardation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 26, 2019
- Citation
- 19113992
Veterans Law Judge
Decisions by this judge: 2,242 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 19113992.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has determined that the earliest effective date for TDIU is August 28, 2009, based on the Veteran's service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment since then.
- Whole decision: Remanded (sent back)
The Veteran's stepdaughter, K.J., is claimed to be a 'helpless' child due to her mild mental retardation and bilateral leg condition. The Board has ordered the VA to obtain private treatment records from Harwood Center and any related Department of Labor records.
- Whole decision: Granted
The Veteran's daughter, J.C., was found to be permanently incapable of self-support prior to her 18th birthday due to various disabilities. The Board granted recognition as a helpless child.
- Whole decision: Denied
The Veteran's daughter does not qualify for benefits under 38 U.S.C. §§ 1805 or 1815 because she is not the child of a Vietnam veteran who served in the Republic of Vietnam and has not been diagnosed with spina bifida.
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