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 assigned
- None in this 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 vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19113992.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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