Citation Nr: 21003490 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 17-30 350 DATE: January 21, 2021 ORDER Entitlement to accrued benefits in excess of $1674.00 is denied. FINDING OF FACT The appellant is not considered a "child" within applicable regulations for purposes of entitlement to accrued benefits, was reimbursed for funeral expenses in the amount of $1674.00, and has not provided evidence demonstrating payment of expenses relating to the last sickness of the Veteran despite numerous requests. CONCLUSION OF LAW The criteria for entitlement to accrued benefits in excess of $1674.00 are not met. 38 U.S.C. §§ 101, 5121 (2012); 38 C.F.R. §§ 3.57, 3.1000 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1942 to October 1943. He died in April 2015. His daughter is the appellant. The appellant appeared at a hearing before the undersigned Veterans Law Judge in November 2019. A transcript of the hearing is of record. Upon the death of a payee of VA benefits, periodic monetary benefits to which he or she was entitled to, on the basis of evidence in the file at the date of death (accrued benefits) may be paid to certain parties. 38 U.S.C. § 5121(a) (2012); 38 C.F.R. § 3.1000(a) (2019). Applications for accrued benefits must be filed within one year after the date of death. 38 U.S.C. § 5121(c). Persons eligible for such payments are: (i) the spouse; (ii) his or her children in equal shares; (iii) and his or her dependent parents or the surviving parent. 38 C.F.R. § 3.1000(a)(1). They are also payable upon the death of a surviving spouse or remarried surviving spouse, to the Veteran's children. 38 C.F.R. § 3.1000(a)(2). The definition of the term "child," means an unmarried person who is a legitimate child; a child legally adopted before the age of 18 years; a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household at the time of the veteran's death; or an illegitimate child. In addition, the child must be someone who: (1) is under the age of 18 years; (2) before reaching the age of 18 years became permanently incapable of self-support; or (3) 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); 38 C.F.R. §§ 3.57(a), 3.1000(d)(2). Accrued benefits may also be paid as may be deemed necessary to reimburse the person who bore the expenses of the last sickness and burial. 38 U.S.C. § 5121(a)(6); 38 C.F.R. § 3.1000 (a)(5). Payments to persons who bore the expense of last sickness or burial shall be limited to amount necessary to reimburse such persons for the expenses of last sickness and/or burial. 38 C.F.R. § 3.1000(a). The amount payable shall not include any payment for the month in which the payee died. 38 C.F.R. § 3.1003(a); see also 38 C.F.R. § 3.500(g). By way of history, the Board notes that in September 2015, VA found that there were benefits due to the Veteran at the time of his death. The Veteran was owed a total of $6,568.00 at the time of death. VA paid $1,674.00 for reimbursement of the Veteran’s funeral expenses. The appellant has submitted three credit card bills which she has indicated that the Veteran had at the time of his death. She has stated that the credit cards were used to pay medical bills and that she had been paying the credit card debt. The appellant has indicated that she wants to be paid back the amount she has paid and the remaining credit card balances. The appellant has not been shown to have met the definition of a child as she is over age 23 and not shown to be permanently incapable of providing self-support prior to age 18. Therefore, the claim must be considered based upon payment of expenses of the Veteran’s last illness and burial. The funeral expenses have been paid and there is no issue with the amount that has been reimbursed. In December 2016, the RO sent the appellant a letter requesting she submit proof that she was a representative of the Veteran’s estate; therefore, showing that she was responsible for repaying his debt. The RO indicated that it would also need proof that the credit card charges were expenses related to the Veteran’s last illness. The RO further requested proof that the appellant’s personal funds were used to pay the last expenses. The RO noted that it needed proof that either the appellant paid last expenses or that she was a valid creditor. At her November 2019 hearing, the appellant again testified that the credit card was used to help pay the Veteran’s medical bills. She noted that while she turned in the credit card bills she now realized that there was no itemization for the bills. In its February 2020 remand, the Board noted that given the appellant’s testimony, she should be afforded an additional opportunity to demonstrate her standing as a creditor and to submit itemized statements demonstrating that she had provided personal funds to pay off these debts. The Board requested that the appellant submit itemized statements covering the expenses incurred for the last illness of the Veteran. The Board noted that handwritten annotations, bank statements, and copies of cashed checks would not be accepted as verification of the information needed. The statement from any facility had to contain the following: The dates and nature of services rendered. For whom the expenses were incurred. Who made the payment, if fully paid. Itemized receipts showing the expenses on the Veteran’s credit card were expenses related to the Veteran’s last illness expenses. Itemized statements for each credit card being used to claim accrued benefits. Proof that personal funds were used to pay off the credit card bills of the Veteran. Documentation such as bank statements showing funds were used to pay the balance of the Veteran’s credit cards. The appellant was to be informed of the necessity to provide such information. In a March 2020 letter, VA notified the appellant that at her November 2019 hearing, she testified that the credit card charges were expenses related to the Veteran’s last illness. In order to accept these charges/payments were for expenses for the Veteran’s last illness, it needed itemized statements showing what these charges were for. Therefore, it was giving the appellant the opportunity to submit copies of the bills paid to all creditors whose services were rendered in connection with the expense of last sickness and burial of the Veteran. These statements had to show the name of the deceased for whom the services were rendered, the nature and cost of the services rendered, all credits, and the name of the person from whom payment in whole or in part was received. Handwritten annotations, bank statements, and copies of cashed checks would not be accepted as verification of the information needed. The itemized receipts were to show the expenses on the Veteran’s credit card were expenses related to the Veteran’s last illness. Itemized statements for each credit card being used to claim accrued benefits were to be submitted. Proof that personal funds were used to pay off the credit card bills of the Veteran, such as bank statements showing funds were used to pay the balance of the Veteran’s credit cards. To date, the appellant has not provided the required information. The Board notes that while there remains a balance of available accrued benefits, the appellant does not meet the requirements for relationship or creditor consideration. As such, the appellant’s claim must be considered based on reimbursement of expenses have been paid out of her own pocket toward last expenses or last illness expenses of the Veteran. The appellant was paid $1,674.00 in last expenses that she reported paying. Despite having been requested on several occasions to provide evidence of additional payments for expenses for the Veteran’s last illness, the appellant has not provided any evidence, other than her testimony, showing she paid any other last expenses or last illness expenses of the Veteran. Given the foregoing, the preponderance of the evidence is against the claim for payment of expenses in excess of $1674.00 and the claim must be denied. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. S. Kelly, 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.