The Board denied additional dependency and indemnity compensation for a surviving spouse under the provisions of 38 U.S.C. § 1311(b) on the basis of recognition of S. as a minor child, as he had already turned eighteen before the effective date of DIC benefits.
The deciding factor: The appellant's son, S., attained age eighteen on December 4, 2008, and thus was no longer eligible for increased DIC benefits based on his status as a dependent child by the time the effective date of the award of the appellant's DIC benefits on December 1, 2021.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25028306
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.