Citation Nr: 23002145 Decision Date: 01/12/23 Archive Date: 01/12/23 DOCKET NO. 18-30 792 DATE: January 12, 2023 ORDER The appeal as to recognition of the appellant as a dependent child of the Veteran for VA survivor's benefits is denied. FINDING OF FACT The evidence is inadequate to establish that the appellant is entitled to VA survivor's benefits. CONCLUSION OF LAW The criteria for recognition as a dependent child for VA survivor's benefits are not met. 38 U.S.C. §§ 101, 5107; 38 C.F.R. §§ 3.57, 3.102. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1966 to November 1968. He died in November 2004. The appellant has filed the instant claim for dependency and indemnity compensation (DIC) claiming to be the Veteran's surviving child. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) September 2017 decision. The appeal as to recognition of the appellant as a dependent child of the Veteran for VA survivor's benefits The appellant seeks DIC benefits as the surviving child of the Veteran. DIC benefits are payable by VA to a surviving spouse, child, or parent. 38 U.S.C. § 1310; 38 C.F.R. § 3.5. A "child" is defined as an unmarried person who is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support; or (iii) after attaining the age of 18 years and until completion of education or training, but not after attaining the age of 23 years, is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. 38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57(a). The appellant has submitted a birth certificate indicating she was born in 1998 and was therefore over 18 years of age at the time the instant DIC claim was submitted. In his June 2018 Substantive Appeal (VA form 9), he reported that he is currently attending college. However, the Board finds that the appellant cannot be recognized as a child for VA benefit purposes. He has not submitted any evidence showing that he was a dependent of the Veteran as defined by regulation. The types of evidence to be furnished for birth and a child's relationship are addressed in 38 C.F.R. §§ 3.209 and 3.210, respectively. Birth may be established by the following types of evidence, in order of preference: a copy or abstract of the public record of birth, a copy of the church record of baptism, official report from the service department as to birth occurring while the Veteran was in service, affidavit or a certified statement of the physician or midwife in attendance at birth, copy of Bible or other family record certified to by a notary public, affidavits or certified statement of two or more persons (preferably disinterested) who provide specific information (name, date, place of birth, source of information), and other evidence to establish facts in issue (e.g., census records, hospital records). 38 C.F.R. § 3.209. The appellant's birth certificate is of record and does not list the name of his father. Proof of a child's relationship as to the father (without regard to legitimacy) will consist of: an acknowledgment in writing signed by the veteran; evidence that he/she has been identified as the child's father by a judicial decree ordering him to contribute to the child's support or for other purposes; or any other secondary evidence which reasonably supports a finding of relationship, as determined by an official authorized to approve such findings, such as a copy of the public record of birth or church record of baptism showing that the veteran was the informant and named as parent, statements of persons who know that the veteran accepted the child as his, and information obtained from service department or public records such as school or welfare agencies showing that, with his knowledge, the veteran was named as the father. 38 C.F.R. § 3.210. The only evidence of the Veteran's and appellant's relationship is a "Register of Actions" notice that purports to show a genetic relationship between the Veteran and the appellant. Pursuant to the Board's April 2020 remand directive, the RO sent the appellant a letter requesting clarification on nature of the genetic testing of record and clarification on the nature of the appellant's relationship to the Veteran, to include whether he was adopted or a member of the Veteran's household while he was living. The appellant did not respond. Accordingly, as the appellant has not submitted the information and evidence needed to establish his claim, the Board has no choice but to find the record inadequate to resolve the appellant's claim in his favor and, therefore, his appeal is denied. Leetra J. Harris Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Alexander, Porschia N. 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.