The Veteran's adopted child, S.L.M., is recognized as a helpless child due to her disabilities prior to the age of 18.
The deciding factor: S.L.M. was rendered incapable of self-support prior to attaining the age of 18 due to significant functional impairments including developmental delay, intellectual disability, and multiple surgeries on her left hip.
- Claimed conditions
- Developmental delay, Intellectual disability, Focal seizures, Short stature, Failure to gain weight, Obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2024
- Citation
- A24023123
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 A24023123.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Denied
The Veteran's adult child, R.F., is not considered permanently incapable of self-support prior to turning 18 years old and thus does not meet the criteria for survivor benefits.
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