Citation Nr: 18144465 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 15-14 421A DATE: October 25, 2018 ORDER Entitlement to accrued benefits is denied. FINDINGS OF FACT 1. The Veteran died in November 2010. The appellant is his adult daughter. 2. The appellant is beyond the age of 23 and she did not become permanently incapable of self-support before reaching the age of 18. 3. The appellant did not bear the expense of the Veteran’s last sickness or burial. CONCLUSION OF LAW The criteria for entitlement to accrued benefits have not been met. 38 U.S.C. § 5121 (2014); 38 C.F.R. § 3.1000 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from May 1941 to August 1945. He died in November 2010. The appellant is his adult daughter. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 determination issued by the Department of Veterans Affairs (VA) Pension Management Center (PMC) located in Milwaukee, Wisconsin. 1. Entitlement to accrued benefits Periodic monetary benefits to which a veteran was entitled at death, either by reason of existing VA ratings or decisions or those based on evidence in the file at date of death, and due and unpaid, are known as “accrued benefits.” 38 U.S.C. 5121; 38 C.F.R. 3.1000; see also Zevalkink v. Brown, 102 F.3d 1236 (Fed Cir. 1996). For a claimant to prevail on an accrued benefits claim, the record must show that (i) the appellant has standing to file a claim for accrued benefits, (ii) the veteran had a claim pending at the time of death, (iii) the veteran would have prevailed on the claim if he had not died; and (iv) the claim for accrued benefits was filed within one year of the veteran’s death. 38 U.S.C. 5121, 5101(a); 38 C.F.R. 3.1000; Jones v. West, 136 F.3d 1299 (Fed. Cir. 1998). Following timely filing of a proper claim, such benefits will be paid according to a statutorily prescribed order of distribution. Essentially, accrued benefits are paid as follows: (i) to the veteran’s spouse; (ii) his or her children (in equal shares); or (iii) his or her dependent parents (in equal shares) or the surviving parent. 38 U.S.C. 5121 (a)(2); 38 C.F.R. 3.1000(a)(1). In all other cases, only so much of the accrued benefit may be paid as may be necessary to reimburse the person who bore the expense of last sickness or burial. 38 U.S.C. 5121(a)(6); 38 C.F.R. 3.1000(a)(5). The term “child” is defined, for purposes of veterans’ benefits, as an unmarried person who is under the age of 18 years; or who, before reaching the age of 18 years, became permanently incapable of self-support; or who, 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. Analysis The appellant asserts that accrued benefits should be awarded. In the appellant’s January 2011 application for accrued benefits, she indicated that she paid medical and burial expenses on behalf of the Veteran. In correspondence received in June 2011, she reported that she purchased a vehicle to transport the Veteran. See also 09/13/2013 Correspondence and 09/11/2014 Correspondence. In a statement received in February 2015, the appellant stated that she made repairs to the Veteran’s home. In court documents received in 2009, the appellant reported that she took the Veteran’s tenants to court for failing to pay rent. In support of the claim, the appellant submitted utility bills, medical bills for the Veteran, medical receipts for payment of the Veteran’s medial care, and receipts for food purchases. She also provided copies of checks written from the Veteran’s personal checking account. After a review of the evidence, the Board finds that the appellant is not entitled to accrued benefits. In order to be eligible for accrued benefits, the claimant must qualify as a member of one of the statutorily enumerated categories of recipients. In this case, the appellant has not met the threshold requirement of establishing standing to receive accrued benefits. The Board acknowledges that the appellant is the daughter of the Veteran. However, she does not qualify as a “child” who can receive accrued benefits, pursuant to 38 C.F.R. §§ 3.57. In the appellant’s claim for accrued benefits received in January 2011, she indicated that she was born in December 1952. Thus, she is beyond the age of 23, and the record contains no indication, nor does the appellant contend, that she became permanently incapable of self-support before reaching the age of 18. Thus, the appellant does not meet the legal definition of a child of the Veteran. The Board also finds that the appellant is not entitled to accrued benefits as the person who bore the expense of the last sickness or burial of the Veteran. 38 U.S.C. § 5121(a)(6); 38 C.F.R. § 3.1000(a)(5). In this regard, the appellant has not provided any evidence that she paid for the cost of the Veteran’s last illness, funeral, or burial. While the appellant reported that she paid the Veteran’s funeral expenses, the funeral home purchase contract indicates that L. M. J. and B. B. paid for such expenses. In an April 2015 Report of General Information, the funeral home confirmed that the Veteran’s funeral expenses were paid by L. M. J. and B. B., not the appellant. Additionally, although the appellant indicated that she paid the Veteran’s medical expenses, she did not provide any evidence to support such assertion. In this regard, the appellant provided copies of medical bills and receipts for the Veteran; however, the evidence does not show that the appellant paid the reported medical expenses. The Board acknowledges that the appellant noted that she was on the Veteran’s bank account and provided copies of checks from the account. Notwithstanding, such evidence only shows that payments were made using proceeds from the Veteran’s personal bank account and do not otherwise suggest that payments were made with the appellant’s personal funds. In reaching this conclusion, the Board acknowledges the appellant’s assertion that she purchased a vehicle to transport the Veteran. The Board also observes that the appellant provided court documents for a landlord/tenant dispute and receipts for items such as restaurant expenses, car payments, utility bills, and home and automobile repairs. However, applicable law provides that non-medical expenses are be excluded from reimbursement of last expenses. See Caranto v. Brown, 4 Vet. App. 516, 518 (1993). Thus, such expenses are excluded from reimbursement for last sickness.   In sum, the appellant has not established standing to receive any accrued benefits due the Veteran at the time of his death, either as a “child” of the Veteran or as reimbursement for expenses related to the Veteran’s last illness, funeral, or burial. Thus, the appeal must be denied. K. Conner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Jones, Counsel