Citation Nr: 20007036
Decision Date: 01/28/20	Archive Date: 01/28/20

DOCKET NO. 19-22 326A
DATE: January 28, 2020

ORDER

Entitlement to service connection for the cause of the Veteran's death is denied.

FINDING OF FACT

Because the Appellant does not qualify as a "child" of the Veteran for VA purposes, the claim of entitlement to VA death benefits is without merit. 

CONCLUSION OF LAW

Entitlement to service connection for the cause of the Veteran's death is denied as a matter of law. 38 U.S.C. § 101, 1310; 38 C.F.R. § 3.5, 3.312. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1945 to November 1945. The Veteran died in October 1993.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pasay, Philippines. The Appellant is the surviving daughter of the Veteran. This matter was previously remanded at the Board in April and June 2019 for further development. That development having been completed, the matter has now returned to the Board. 

1. Entitlement to service connection for the cause of 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, 3.312. 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.   In an April 2019 decision, the Board found that the Appellant may not be recognized as the Veteran’s child for VA death benefit purposes.  38 U.S.C. § 101; 38 C.F.R. § 3.57. Because the Appellant does not qualify as a "child" of the Veteran for VA purposes, the Board finds that the claim of entitlement to VA death benefits is without merit, and the appeal must be denied.  As the disposition of this claim is based on the law, and not on the facts of the case, the claim must be denied based on a lack of entitlement under the law. Sabonis v. Brown, 6 Vet. App. 426 (1994). 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Mohammad

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.