BVA9501101 DOCKET NO. 93-08 504 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manila, Philippines THE ISSUE Recognition of the appellant as the "child" of the veteran for Department of Veterans Affairs (VA) benefits purposes. INTRODUCTION The veteran had recognized service from November 1944 to June 1946. This appeal is from a determination in May 1992 by the VA Regional Office (RO) in Manila, Republic of the Philippines, that the appellant does not meet the requirements for recognition as the dependent child of the veteran for VA benefits purposes. The appellant represents himself in his appeal. CONTENTIONS OF APPELLANT ON APPEAL The appellant has made no specific contentions regarding his claim. Rather he has questioned the correctness of material in the statement of the case, indicating that there is no basis in fact to conclude that once a child is older than 19 (or 23 years) he or she can no longer be "helpless." DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the veteran's claim for recognition as the "child" of the veteran for VA benefits purposes is not well grounded. FINDINGS OF FACT 1. The appellant, son of the deceased veteran, was born in 1937. 2. There is no evidence indicating that the appellant is or has been disabled or that he became permanently incapable of self- support prior to reaching the age of 18 years. CONCLUSION OF LAW The appellant's claim for recognition as the "child" of the deceased veteran for VA benefits purposes is not well grounded. 38 U.S.C.A. §§ 101(4)(A); 5107(a) (West 1991); 38 C.F.R. §§ 3.57(a), 3.315(a), 3.356 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Pursuant to 38 U.S.C.A. § 5107(a), a person who submits a claim for benefits under a law administered by the Secretary shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded. The United States Court of Veterans Appeals (Court) has held that a well-grounded claim is "a plausible claim, one which is meritorious on its own or capable of substantiation. Such a claim need not ne conclusive but only possible to satisfy the initial burden of § [5107(a)]." Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). The Court has also held that although a claim need not be conclusive the statute provides that it must be accompanied by evidence that justifies a "belief by a fair and impartial individual" that the claim is plausible. Tirpak v. Derwinski, 2 Vet.App. 609, 610 (1992). The record in this case indicates that the veteran, who had recognized wartime service, died in 1991. In March 1992, an application for dependency and indemnity compensation or death pension (VA Form 21-534) was received from the veteran's son, the appellant. Part III of that application requests identifying information regarding children of the veteran who are (1) under the age of 18 (or under age 23 if attending school) or (2) of any age if permanently incapable of self-support by reason of mental or physical defect. In completing the application, the appellant indicated that there are no such children, including children who are "seriously disabled." The record further reflects that in a claim for VA disability benefits filed by the veteran in 1950, he reported having a child with the appellant's name who was born in March 1937. The law provides that the term "child" for purposes of determining entitlement to certain death benefits means a person who is unmarried and (1)who is under the age of 18 years; (2) who, before attaining the age of 18 years, became permanently incapable of self-support; or (3) who, 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.A. § 101 (4)(A); see also 38 C.F.R. §§ 3.57, 3.315(a), 3.356. In this case, the appellant has not disputed that he was born in 1937, as reported in the statement of the case. Accordingly, the only basis on which he might establish entitlement to death benefits as a "child" of the veteran would be on a showing that, before attaining the age of 18, he became permanently incapable of self-support. The appellant has not argued that he is or has ever been disabled. He has submitted no lay or medical evidence, including any suggesting that he became incapable of self-support prior to reaching the age of 18, and there is no such evidence in the record. Moreover, he has not identified any evidence that would support his claim. In completing VA Form 534, he indicated that the veteran did not have any children meeting the criteria listed above or who were seriously disabled. Although in his substantive appeal the appellant appears to be arguing that a child over the age of 18 (or 23) can be "helpless," he has made no contentions specific to his claim and has not provided or identified any evidence that might support his claim. Accordingly, the Board finds that the claim is not well grounded. 38 U.S.C.A. § 5107(a). ORDER The appellant's claim for recognition as a "child" of the veteran for VA benefits purposes is not well grounded and is dismissed. JANE E. SHARP Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.