The Board denied the appellant's request to recognize S.E. as the Veteran's adopted child for VA purposes due to the adoption not occurring within two years of the Veteran's death.
The deciding factor: Recognition of a child for VA purposes requires that the child be living in the veteran’s household at the time of the veteran's death and adopted by the veteran's spouse under a decree issued within two years of the veteran's death. In this case, S.E. was not adopted until after two years had passed from the Veteran's death.
- 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 13, 2019
- Citation
- 19145946
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.