The Board found that assets held in an irrevocable living trust set up by the appellant should not be included in her net worth, and that her income and net worth are not otherwise a bar to survivors pension benefits. The appeal is granted.
The deciding factor: The OGC's precedential opinions indicate that property transferred to a trust should not be included in a claimant’s net worth if the claimant has relinquished all rights of ownership, including the right of control of the property, with respect to the assets held in the trust.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2019
- Citation
- 19122257
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 19122257.
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.
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