Citation Nr: 23055167 Decision Date: 10/05/23 Archive Date: 10/05/23 DOCKET NO. 20-07 755 DATE: October 5, 2023 ORDER Entitlement to recognition of the Veteran's daughter, M.R., as the helpless child of the Veteran based on permanent incapacity for self-support prior to attaining the age of 18, is denied. FINDINGS OF FACT 1. M.R. was born in March 1996, and attained the age of 18 in March 2014. 2. The Veteran married M.R.'s mother in April 2014. 3. M.R. did not acquire the status of stepchild before the age of 18 years old and M.R. was not adopted by the Veteran. CONCLUSION OF LAW The criteria for recognition of M.R. as the helpless child of the Veteran have not been met. 38 U.S.C. §§ 101(4)(A), 5107; 38 C.F.R. §§ 3.57, 3.356. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from September 2001 to September 2005. Entitlement to recognition of the Veteran's daughter, M.R., as the helpless child of the Veteran based on permanent incapacity for self-support prior to attaining the age of 18, The Veteran contends his stepchild, M.R., qualifies as a helpless child because his medical conditions require constant care. For VA purposes, a child is defined as an unmarried person who is (i) a legitimate child, (ii) a child legally adopted before the age of 18 years, (iii) a stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or (iv) an illegitimate child; AND is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support (a "helpless child"); 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. 38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57(a). The allowance is generally discontinued when a dependent child turns 18, or when the child turns 23 if enrolled in school. 38 C.F.R. §§ 3.503, 3.667. For the reasons below, the Board concludes that the Veteran's stepchild did not acquire that status before the age of 18 years old. Accordingly, the stepchild does not qualify as a "child" for additional dependency compensation on the basis of permanent incapacity for self-support prior to attaining the age of 18. A review of the record shows the Veteran married L.H. in April 2014. M.R. was born in March 1996, and attained the age of 18 in March 2014. On an April 2014, VA Form 21-686c, Declaration of Status of Dependents, the Veteran indicated that M.R. was his stepchild, enrolled in high school, and seriously disabled due to autism. The Board notes medical evidence, records for the Social Security Administration (SSA), and educational records, indicate M.R. received treatment for autism and psychiatric disabilities prior to the age of 18. Here, M.R. does not qualify as the Veteran's child. As M.R. was not a member of the Veteran's household and was not adopted prior to the age of 18, M.R. does not meet the criteria as an eligible child which must be met in order to qualify as a helpless child. 38 C.F.R. § 3.57. Thus, the Board does not need to address the question of whether M.R. was permanently incapable of self-support prior to reaching 18, as M.R. was not recognized as a child of the Veteran prior to attaining the age of 18. Accordingly, the Board finds that M.R. is not entitled to recognition as the Veteran's helpless child on the basis of permanent incapacity for self-support prior to attaining age 18. Therefore, the claim is denied. 38 C.F.R. § 3.102. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Kass, 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.