The Veteran's daughter is denied DIC benefits as she was not permanently incapable of self-support prior to her 18th birthday due to cerebral palsy.
The deciding factor: The appellant has cerebral palsy since birth, but the evidence does not demonstrate that it caused a permanent incapacity for self-support prior to age 18.
- Claimed conditions
- permanent incapacity for self-support, cerebral palsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19181007
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.
- Remanded (sent back)
The Board has remanded the case due to incomplete administrative procedures related to A.E.'s permanent incapacity for self-support, and the need to implement specific procedures in M21-1.
- Remanded (sent back)
The Veteran's daughter, C.P., is seeking recognition as his 'helpless child' due to her permanent incapacity for self-support prior to reaching age 18. The Board has ordered additional development including a medical examination of C.P.
- Granted
The Veteran's daughter, L.W., was found to be permanently incapable of self-support prior to her 18th birthday due to disabilities including mental retardation. The Board granted recognition as a helpless child.
- Denied
The Board denied the appellant's claim for recognition of her son, P.O., as a helpless child of the deceased Veteran on the basis of permanent incapacity for self-support prior to attaining the age of 18 years. The evidence did not show that P.O. was permanently incapable of self-support by reason of physical or mental defects at the time he turned 18.
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