Citation Nr: 20006813 Decision Date: 01/28/20 Archive Date: 01/27/20 DOCKET NO. 18-13 274 DATE: January 28, 2020 ORDER Recognition of J.G. as the Veteran’s dependent child for Department of Veterans Affairs (VA) purposes is granted. FINDINGS OF FACT 1. The Veteran died in December 2016. 2. The Veteran and the appellant were married in December 2002, and the appellant has been recognized by VA as the Veteran’s surviving spouse. 3. The Veteran is listed as the father on J.G.’s birth certificate. 4. J.G. will turn 18 years of age in November 2022. CONCLUSION OF LAW The criteria for recognition of J.G. as the Veteran’s dependent child for VA purposes have been met. 38 U.S.C. §§ 101(4), 1115 (2012); 38 C.F.R. §§ 3.57, 3.209, 3.210 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from June 1981 to January 1984. Unfortunately, he died in December 2016. The appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 decision of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the appellant filed a motion to advance this case on the docket due to financial hardship. In support of this motion, in December 2019, she submitted a copy of a Writ of Possession issued by a Georgia state court. Appeals must be considered in docket number order, but may be advanced if sufficient cause is shown. See 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c). Here, the Board finds that good cause was shown, and as such, the undersigned Veterans Law Judge grants the appellant’s motion to have her case advanced on the docket. The appellant requested a Board Videoconference hearing in an April 2018 statement. In an October 2019 letter, the appellant withdrew her request for a Board hearing. 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 appellant 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 J.G. as the Veteran’s dependent child for VA purposes. Death and Indemnity Compensation (DIC) benefits are paid to a surviving spouse, child, or parent of a qualifying veteran who died from a service-connected disability. See 38 U.S.C. § 1310; Dyment v. West, 13 Vet. App. 141 (1999), aff'd sub nom. Dyment v. Principi, 287 F.3d 1377 (Fed. Cir. 2002); 38 C.F.R. § 3.5(b) (2016). For VA purposes, a dependent “child” is defined as the Veteran’s legitimate child, an unmarried person who is under the age of 18 years, or a stepchild who acquired that status before the age or 18 years and who is a member of the Veteran’s household; “stepchild” may be legitimate or illegitimate of the Veteran’s spouse. See 38 U.S.C. § 101 (4)(A)(iii); 38 C.F.R. § 3.57(a), (b). VA will accept, for purposes of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of birth of a child, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and the social security number of the other person. 38 U.S.C. § 5124; 38 C.F.R. § 3.204. However, additional evidence may be required where the claimant's statement on its face raises a question of its validity. 38 C.F.R. § 3.204(a)(2). Paternal relationship can be established by several types of evidence, including a public record of birth, such as a birth certificate, and other evidence as identified in 38 C.F.R. § 3.209. Where it is necessary to determine the legitimacy of a child, evidence will be required to establish the legality of the marriage of the mother of the child to the veteran or to show that the child is otherwise legitimate by State laws together with evidence of birth as outlined in 38 C.F.R. § 3.209. 38 C.F.R. § 3.210(a). Here, the Veteran died in December 2016. In a November 2017 rating decision, service connection for the cause of the Veteran’s death was granted. In a December 2017 decision letter, the RO recognized the appellant as the Veteran’s surviving spouse. In April 2017, the appellant submitted a copy of J.G.’s birth certificate, indicating that J.G. was born in November 2004 and listing the Veteran as J.G.’s father. The appellant also submitted a copy of a marriage license indicating that she and the Veteran were married in December 2002. As relevant in this case, J.G. is under the age of 18 until November 2022. After careful review of the record, the Board finds that recognition of J.G. as the Veteran’s dependent child for VA purposes is warranted. Clearly, the Veteran and the appellant (J.G.’s biological mother) were married at the time of J.G.’s birth, and the Veteran is listed as J.G.’s father on his birth certificate, which is sufficient evidence under 38 C.F.R. §§ 3.209 and 3.210 to support a finding that J.G. is the Veteran’s legitimate child. Regardless of whether J.G. has been referred to as the Veteran’s stepchild, the probative value of such lay statement is outweighed by the undisputed public records, including the marriage license and birth certificate. Thus, resolving all reasonable doubt in the appellant’s favor, the Board finds that recognition of J.G. as the Veteran’s dependent child for VA purposes is warranted. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Thomas, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.