The Veteran's daughter is found to meet the criteria of a 'helpless child' due to her significant mental and physical disabilities, which have not improved since birth. The claim for recognition as a helpless child is granted.
The deciding factor: The evidence demonstrates that the Veteran’s daughter has suffered from significant mental and physical disabilities since birth, including seizures, asthma, attention deficit hyperactivity disorder, obsessive compulsive disorder, esophagitis, ulcers, and epilepsy with Lennox-Gastaut syndrome. The state court appointed her legal guardian until July 2050 when she turned 18, and SSA continued to find her disabled.
- Claimed conditions
- seizure disorder, attention deficit hyperactive disorder, obsessive compulsive disorder, esophagitis, ulcers, chronic neurologic condition (including seizures, mental impairment, relative lack of speech, and epilepsy with Lennox-Gastaut syndrome), encephalopathy, developmental delays, attention deficit disorder with hyperactivity, epilepsy, lupus, hiccoughs
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2019
- Citation
- 19158483
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 19158483.
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.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's appeals for service connection on the issues of esophageal condition, right foot condition, headaches, seizure disorder, traumatic brain injury, and hypertension have been dismissed due to withdrawal by the Veteran during a Board hearing. The claim for service connection for an acquired psychiatric disorder is remanded.
- Remanded (sent back)
The Veteran's claims for service connection for residuals of a traumatic brain injury, seizure disorder, photophobia, and headaches are being remanded due to the need to obtain Social Security Administration records.
- Remanded (sent back)
The Veteran's initial disability rating for migraine headaches has been granted at 50 percent. The issue of service connection for hiatal hernia and esophagitis, related to PTSD, is remanded due to inadequate medical opinions.
- Remanded (sent back)
The Board has remanded the claims for service connection and TDIU due to incomplete records, including SSA disability benefits records. The Veteran's right knee tendinopathy, tendinitis is not rated higher than 10 percent.
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