The Veteran's appeal for recognition of his child(ren) as a helpless child due to permanent incapacity for self-support prior to age 18 was denied because the Veteran did not provide any information indicating that his children were permanently incapable of self-support by reason of a mental or physical condition at the time they turned 18.
The deciding factor: The Veteran failed to submit probative evidence or lay statements explaining why his child(ren) are incapable of self-support prior to their 18th birthday.
- Claimed conditions
- spina bifida, ADHD, oral sensory deficit
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2019
- Citation
- 19129057
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied an effective date prior to January 1, 2020 for the grant of benefits under 38 U.S.C. § 1822 for a child born with spina bifida due to the specific statutory effective date set by The Blue Water Navy Vietnam Veterans Act of 2019.
- Dismissed
The Board dismissed the claims for service connection for ADHD and spondylolisthesis, cervical spinal stenosis, and neck strain as they were not ripe for review. The remaining claims are remanded for further development.
- Partly granted
The Board denied benefits under 38 U.S.C. § 1815 for a child born with birth defects and remanded the claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida.
- Dismissed
All appeals for higher initial ratings and service connection were dismissed as they were duplicative of previously addressed appeals or due to untimely filings.
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