The Board denied the claim to recognize M.M.C. as a dependent child for VA purposes because there was no legal adoption, even though S.P.T., the Veteran's spouse, had been appointed as the legal guardian of M.M.C.
The deciding factor: There is no evidence showing that the Custody Order obtained by the Veteran is equivalent or tantamount to a legal adoption. The North Carolina Court awarded S.P.T., the material grandmother of M.M.C., to act on her behalf.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19145338
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.