Citation Nr: 18154473
Decision Date: 11/30/18	Archive Date: 11/29/18

DOCKET NO. 15-15 100
DATE:	November 30, 2018
ORDER
Entitlement to accrued benefits is denied.
FINDING OF FACT
1. The Veteran’s surviving spouse died in January 2012 prior to the adjudication for her claim for death pension benefits.
2. In April 2012, the appellant filed a claim for accrued amounts due a deceased beneficiary.
3. The appellant is above the age of 23 and not incapable of self-support.
4. The evidence does not show that the appellant bore the expenses of last sickness or burial.
CONCLUSION OF LAW
The requirements for payment of accrued benefits are not met. 38 U.S.C. §§ 5112, 5121 (2012); 38 C.F.R. §§ 3.500(g), 3.1000 (2017).

REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran’s surviving spouse died in January 2012 prior to the adjudication for her claim for death pension benefits. In April 2012, the appellant filed a claim for accrued amounts due a deceased beneficiary.
1. Entitlement to accrued benefits
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 for 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).  
Upon the death of a surviving spouse, payment of accrued benefits may be made to the Veteran’s children. 38 C.F.R. § 3.1000(a)(1)-(4). In all other cases, only so much of accrued benefits may be paid as may be necessary to reimburse the person who bore the expenses of last sickness or burial. 38 C.F.R. § 3.1000 (a)(5).
For VA purposes a “child” is defined as an unmarried natural or adopted child of the Veteran under the age of 18; between the ages of 18 and 23 and pursuing a course of instruction at an educational institution; or 18 years of age or older but who, before reaching the age of 18 years, became permanently incapable of self-support. 38 C.F.R. § 3.57.
Here, the appellant has not contended, nor does the evidence reflect, that he is under the age of 18, between the ages of 18 and 23 and in school, or that he became permanently incapable of self-support prior to the age of 18. Therefore, the appellant does not meet the definition of child for accrued benefits purposes, and is not eligible for benefits in that capacity. Therefore, the only remaining avenue for eligibility for accrued benefits is as reimbursement to a person who bore the expenses of last sickness or burial.
In his April 2012 application for accrued benefits, the appellant reported he had paid $1,000 in medical expenses for his mother. In a December 2014 statement the appellant stated that his mother died broke and he had to pay “some of the last bills.” Although the VA requested the appellant submit proof of payment for expenses paid for last illness and burial, no evidence has been submitted.
Therefore, the Board is unable to determine that the appellant bore the expenses of last sickness or burial and thus would be entitled to reimbursement from accrued benefits, if any such benefits exist.
The law is dispositive of the issue on appeal, and the appellant’s claim must be denied because of the absence of legal merit or entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). The Board is without authority to grant benefits simply because it might perceive the result to be equitable. 38 U.S.C. §§ 503, 7104 (2012); Harvey v. Brown, 6 Vet. App. 416, 425 (1994). 
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Christensen