Citation Nr: 18141660 Decision Date: 10/11/18 Archive Date: 10/11/18 DOCKET NO. 13-21 768 DATE: October 11, 2018 ORDER Recognition of C.W. as the Veteran’s adopted child for VA purposes is denied. FINDINGS OF FACT 1. The Veteran died in January 1997. 2. In May 2009, the appellant adopted C.W. CONCLUSION OF LAW The criteria for recognition of C.W. as the adopted child of the Veteran for VA purposes have not been met. 38 U.S.C. § 101(4) (2012); 38 C.F.R. § 3.57 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from February 1964 to February 1968. Unfortunately, he died in January 1997. The appellant is his surviving spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Little Rock, Arkansas. In August 2013, the appellant requested a Board hearing. However, in June 2016, she withdrew her request for a Board hearing. In July 2017, the Board remanded this appeal. The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016). 1. Entitlement to recognition of C.W. as the Veteran’s adopted child for VA purposes. The appellant seeks to establish recognition of C.W. as the Veteran’s adopted child for VA purposes. After careful review of the record, the Board finds that recognition of C.W. as the Veteran’s adopted child for VA purposes is not warranted. For purposes of additional compensation, the term “child” is defined 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, and an illegitimate child if certain specific criteria are met. 38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57(a). Under VA regulations, an adopted child means a child adopted pursuant to a final decree of adoption, a child adopted pursuant to an unrestricted interlocutory decree of adoption while remaining in the custody of the adopting parent (or parents) during the interlocutory period, and a child who has been placed for adoption under an agreement entered into by the adopting parent (or parents) with any agency authorized under law to so act, unless and until such agreement is terminated, while the child remains in the custody of the adopting parent (or parents) during the period of placement for adoption under such agreement. 38 C.F.R. § 3.57(c). Further, the term “adopted child” includes a child who was (1) living in the veteran’s household at the time of the veteran’s death, (2) adopted by the veteran’s spouse under a decree issued within two years of the veteran’s death, and (3) was not receiving from an individual other than the veteran or the veteran’s spouse, or from a welfare organization which furnishes services or assistance for children, recurring contributions of sufficient size to constitute the major portion of the child’s support. 38 C.F.R. § 3.57(c)(2). In this case, it is clear that C.W. is not a legitimate child, illegitimate child, or stepchild of the Veteran. See May 2009 Decree of Adoption. In addition, the appellant does not contend and the evidence does not indicate that the Veteran adopted C.W. prior to the Veteran’s death. Id. Thus, the Board’s consideration is limited to whether the C.W. was living in the Veteran’s household at the time of the Veteran’s death and was adopted by the appellant under a decree issued within two years of the Veteran’s death. In support of her claim, the appellant submitted a May 2009 Decree of Adoption in which an Arkansas court found that C.W. is the appellant’s grandson and had lived with the appellant and been in her custody since 2003. The Board recognizes that C.W. was living in the Veteran’s household at the time of the Veteran’s death. See July 2013 VA Form 9 and June 2016 statement from appellant. However, the record indicates that the appellant did not adopt C.W. until May 2009, more than 10 years after the Veteran’s death. Therefore, the appellant did not adopt C.W. within two years of the Veteran’s death, as is required for recognition of C.W. as the Veteran’s child for VA purposes. As such, the claim seeking recognition of C.W. as the Veteran’s child for VA purposes is precluded by regulation and must therefore be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). LAURA E COLLINS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Thomas, Associate Counsel