The Board has determined that the Veteran's parental rights have been terminated and he is no longer entitled to recognition of his former adopted children as dependent children for VA purposes. The issues of whether the denial of apportionment of VA compensation benefits in favor of the Veteran's spouse while the Veteran was incarcerated was proper, and whether the effective date of April 2, 2016, for the reinstatement of VA compensation benefits in lieu of military retired pay was proper are REMANDED.
The deciding factor: The termination of parental rights by a court has rendered the former adopted children ineligible as dependent children for VA purposes. The Veteran's incarceration and separation from his spouse have also impacted their status as stepchildren.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2021
- Citation
- 21031018
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 21031018.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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