Citation Nr: 18142727 Decision Date: 10/17/18 Archive Date: 10/16/18 DOCKET NO. 14-40 786 DATE: October 17, 2018 ORDER Recognition of the appellant as proper claimant for purposes of establishing eligibility for dependency and indemnity compensation (DIC) benefits, death pension benefits, and accrued benefits is denied. FINDINGS OF FACT 1. The Veteran served on active duty from October 1970 to April 1974; he died in October 2013. 2. The Veteran did not have a pending claim for benefits at the time of his death; however, service connection for cause of death was granted. 3. The appellant is the Veteran’s niece; she is not a surviving spouse, child, or parent of the Veteran. CONCLUSION OF LAW The criteria for recognition of the appellant as the surviving spouse, child or parent 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 (2012); 38 C.F.R. §§ 3.3, 3.24, 3.57, 3.1000 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The appellant is seeking entitlement to DIC as the niece/power of attorney of the Veteran, based upon the Veteran’s death. VA death benefits are payable to a defined class of claimants if a veteran died from a service-connected disability. 38 U.S.C. § 1310 38 C.F.R. §§ 3.5. The class of claimants eligible to receive benefits following the death of a veteran is limited to “the veteran’s surviving spouse, children, and parents.” 38 U.S.C. § 1310. A claim for death pension, compensation or DIC, by a surviving spouse, child, parent, or apportionee, is deemed to include a claim for any accrued benefits. 38 C.F.R. § 3.152 (b), 3.1000(c). An application for accrued benefits must be filed within one year after the date of the payee’s death. 38 C.F.R. § 3.1000(c). Accrued benefits are defined as periodic monetary benefits authorized under law administered by VA, to which a payee was entitled at his or her death under existing ratings or decisions or those based on evidence in the file at the date of death, and due and unpaid. 38 U.S.C. § 5121(a); 38 C.F.R. § 3.1000 (a); Ralston v. West, 13 Vet. App. 108, 113 (1999). Upon the death of a veteran, accrued benefits are paid to the first living person in a list as follows: the veteran’s spouse, the veteran’s children (in equal shares), or the veteran’s dependent parents (in equal shares) or surviving parent. 38 U.S.C. § 5121(a)(2); 38 C.F.R. § 3.1000(a)(1). Upon the death of a widow or remarried surviving spouse, accrued benefits are paid to the children of the deceased veteran. 38 U.S.C. § 5121(a)(3); 38 C.F.R. § 3.1000(a)(2). In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial. 38 U.S.C. § 5121(a)(6). To be recognized as the veteran’s surviving spouse for the purpose of establishing entitlement to VA death benefits, the appellant must be a person whose marriage to the veteran meets the requirements of 38 C.F.R. § 3.1(j) and who was the spouse of the veteran at the time of the veteran’s death. 38 U.S.C. § 101(3); 38 C.F.R. § 3.50(b)(1). To be recognized as a child of the veteran for the purpose of establishing entitlement to VA death benefits, the appellant must be under the age of 18, have become permanently incapable of self-support before turning 18, be under 23 and pursuing an education, and be a legitimate child or legally adopted child who is a member of the veteran’s household at the time of his or her death. 38 U.S.C. § 101(4); 38 C.F.R. § 3.57. Prior to reaching the merits of the claims for VA death benefits and accrued benefits, it must be determined if the appellant has standing as a proper claimant to pursue a claim for these VA benefits. Therefore, the threshold question is whether the appellant has the appropriate status to file a claim for entitlement to VA death benefits. The Veteran died in October 2013. The appellant filed a claim for VA death benefits in December 2013. In this case, basic recognition for VA death benefits must be denied because the appellant does not meet the definition of a surviving spouse, child or parent as required for such eligibility. She also does not contend that she is the surviving spouse, child or parent of the Veteran. As such, she cannot qualify as a surviving spouse, child or parent of the Veteran. The record shows that the appellant was awarded burial benefits in September 2014. Service connection also was granted for the cause of the Veteran’s death (in a January 2014 rating decision). He did not have any pending claims at the time of his death for purposes of accrued benefits. The appellant is therefore not entitled to any further VA benefits related to her uncle’s death. Federal laws authorizing monetary benefits are enacted by Congress, and unless an individual meets all of the requirements of a particular law, he or she is not entitled to the benefit; indeed the benefit cannot be awarded, notwithstanding extenuating circumstances or claims of fairness. See, e.g., Office of Personnel Management v. Richmond, 496 U.S. 414, 426, 110 L. Ed. 2d 387, 110 S. Ct. 2465 (1990); Davenport v. Principi, 16 Vet. App. 522 (2002); Harvey v. Brown, 6 Vet. App. 416 (1994). In other words, unless all of the requirements of a particular law are met, a claimant is not entitled to the benefit regardless of the circumstances. As the law, and not the evidence, is dispositive in this case, the appeal is denied as a matter of law. Sabonis v. Brown, 6 Vet. App. 426 (1994). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Redman, Counsel