Denied
The Veteran's legitimate child, who was legally married and subsequently divorced, is not recognized as the helpless child for purposes of DIC benefits due to his marriage being terminated by divorce after November 1, 1990.
The deciding factor: Recognition as a helpless child is barred under VA regulations because the appellant’s marriage was terminated in divorce after November 1, 1990.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080573
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.