Citation Nr: 21072968 Decision Date: 12/07/21 Archive Date: 12/07/21 DOCKET NO. 19-06 452 DATE: December 7, 2021 ORDER Entitlement to recognition of the Veteran's daughter D.L. as a helpless child on the basis of permanent incapacity for self-support before attaining the age of 18 is denied. [The claims for service connection for lumbar spine (back), bilateral ankle, and left elbow disabilities and the application to reopen previously denied service-connection claim for an eye disability are addressed in a separate Board decision.] FINDING OF FACT The Veteran is not currently service connected for any disabilities and therefore he is not rated as at least 30 percent disabling, as required to receive additional compensation for a dependent child. CONCLUSION OF LAW The criteria to establish recognition of the Veteran's daughter D.L. as a helpless child for purposes of VA compensation have been met. 38 U.S.C. § 101(4)(A), 5107; 38 C.F.R. §§ 3.57, 3.356. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1975 to October 1979. This appeal comes to the Board of Veterans' Appeals (Board) from a February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Board remanded the appeal to obtain the Veteran's daughter's private treatment records. Although the August 2021 Supplemental Statement of the Case notes that a release form for D.L.'s private treatment records was requested in May 2021, the May 2021 request pertains to authorization to obtain the Veteran's private treatment records related to his service-connection claims. However, given that the Veteran's claims for service connection are denied in a separate Board decision, and the Veteran is not service connected for any disability, there is no prejudice to the Veteran, as the appeal is denied as a matter of law, below. Analysis VA law and regulations provide that veterans having a combined disability rating of 30 percent or more may be entitled to additional compensation for a child based on permanent incapacity for self-support. See 38 U.S.C. § 1115; 38 C.F.R. §§ 3.4(b)(2), 3.356. The Veteran is not currently service-connected for any disabilities and therefore he is not in receipt of at least a 30 percent combined rating. Accordingly, he is not eligible for additional amounts of compensation for dependents and the appeal is denied. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sarah Campbell, 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.