Citation Nr: 18139834 Decision Date: 10/01/18 Archive Date: 10/01/18 DOCKET NO. 14-08 995 DATE: October 1, 2018 ORDER Entitlement to recognition as the Veteran’s surviving child for purposes of establishing eligibility for dependency and indemnity compensation (DIC) is denied. Entitlement to recognition as the Veteran’s surviving child for purposes of establishing eligibility for death pension benefits is denied. Entitlement to recognition as the Veteran’s surviving child for purposes of establishing eligibility for accrued benefits is denied. FINDINGS OF FACT 1. The appellant was born in September 1963, and had already attained the age of forty-nine years at the time she applied for the VA benefits at issue. 2. The evidence of record does not demonstrate, nor does the Appellant contend, that she was permanently incapable of self-support prior to the age of 18. CONCLUSION OF LAW The criteria for recognition of the Appellant as the surviving child of the Veteran for purposes of basic eligibility for DIC, death pension, and accrued benefits are not met. 38 U.S.C. §§ 101, 1313, 1542, 5121; 38 C.F.R. §§ 3.3, 3.22, 3.24, 3.57, 3.1000. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service to include the period from March 1956 to March 1962. He died in April 2012. The Appellant is his stepdaughter. In July 2018, the Board sent a letter to the Appellant asking that she appoint a representative, noting that if she did not appoint a representative within thirty days it would be assumed that she wishes to represent herself. As the Appellant has not appointed a representative to date it is assumed that she desires to represent herself.   The Appellant has not raised any issues that are not discussed herein, nor have any other issues been reasonably raised by the record. Doucette v. Shulkin, 28 Vet. App. 366 (2017). Issues 1 to 3: Entitlement to recognition as the Veteran’s surviving child for purposes of establishing eligibility for DIC, death pension, and accrued benefits. The child of a Veteran may be entitled to receive DIC compensation. 38 U.S.C. §§ 1310, 1318; 38 C.F.R. § 3.22. Regarding nonservice-connected death pension benefits, a surviving child is entitled to such benefits if the surviving child’s income or the income of the surviving child and any person with whom the child is residing who is legally responsible for the child’s support does not exceed certain limits. 38 U.S.C. § 1542; 38 C.F.R. § 3.3(b)(4). Regarding accrued benefits, certain periodic monetary benefits to which a veteran was entitled at death, or those based on evidence in the veteran’s claims folder at the date of death, shall be paid to certain named beneficiaries, to include the veteran’s children. 38 U.S.C. 5121; 38 C.F.R. 3.1000. For purposes of establishing entitlement to certain VA benefits, an individual may be recognized as a “child” of a Veteran. The term “child” is defined, for purposes of VA benefits, as an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the veteran’s household or was a member of the veteran’s household at the time of the veteran’s death, or an illegitimate child; and who is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support; or (iii) after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution. 38 U.S.C. 101(4)(A); 38 C.F.R. 3.57. In this case, although the Appellant is the Veteran’s stepdaughter, she does not qualify as a child eligible to receive benefits for VA purposes. The Appellant on her Application for DIC, Death Pension, and Accrued Benefits, received in October 2012, indicated that she was born on September [redacted], 1963. The Veteran’s death certificate shows that he died in April 2012. Based on these facts, the Appellant was forty-eight years old when the Veteran died and forty-nine years old when she filed her claim. The record does not suggest, and the Appellant does not contend, that she became permanently incapable of self-support before reaching the age of 18. See, e.g., October 2015 Board hearing transcript. Therefore, there is no basis for recognizing the Appellant as a child for the purposes of obtaining VA benefits. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Mac, Counsel