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 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
- Not verified here — check the original decision
- Decision date
- April 16, 2019
- Citation
- 19129057
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 19129057.
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: Denied
The Veteran's adult child, R.F., is not considered permanently incapable of self-support prior to turning 18 years old and thus does not meet the criteria for survivor benefits.
- Whole decision: Denied
The claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is denied because no new and relevant evidence has been submitted to support the claim.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a pre-decisional error in failing to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's acquired psychiatric disorder. The AOJ must request that the Veteran be scheduled for an examination to determine the probable nature and etiology of his diagnosed acquired psychiatric disability.
- Whole decision: Denied
The Board denied benefits for spina bifida and other covered birth defects because the Appellant does not have a diagnosis of spina bifida, her mother is not a Vietnam Veteran, and there is no legal basis to grant benefits.
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