12-04 063, 12-04 063

Veteran served May 1953–Apr 1955 and died Feb 2004; appellant is his daughter (born Aug 1974) and filed for death pension in Apr 2011.
Claim was appealed to the Board; hearing held Aug 2012; remand in Oct 2014 to provide notice and obtain SSA records; SSOC issued Jul 2016.
Statutory issue: death pension for a veteran’s child requires the child to be under 18, permanently incapable of self‑support at 18, or under 23 and in school. Appellant was over 23 at filing.
Record: appellant received Social Security childhood benefits from the veteran, was in special education grades 7–11, had sporadic employment beginning at 16, and later received SSA disability benefits effective 2007. Mental health issues (depression beginning ~age 16) and later panic attacks/back problems were reported, but those later conditions began after age 18.
Appellant testified she was largely self‑sufficient as an adult and that the veteran helped a little; she did not assert permanent incapacity at age 18.
Board found no competent evidence showing appellant was permanently incapable of self‑support by reason of mental or physical defect as of her 18th birthday; therefore she is not a "helpless child" and is ineligible for death pension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to death pension as the veteran's child	Appellant contends she is the veteran's surviving child and should receive death pension; points to disability and SSA benefits	VA argues appellant does not meet definition of "child" because she was over 23 and was not shown to be permanently incapable of self‑support at age 18	Denied — appellant not shown to have been permanently incapable of self‑support at 18 and thus not a helpless child; preponderance of evidence against claim
VA compliance with notice and duty to assist	Appellant received hearing and SSA records were obtained; no specific prejudice alleged	VA contends it provided required notice, assistance, and complied with hearing duties; corrective notice and SSOC issued	VA complied with notice/duty to assist; no prejudice found

Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance standard)
Dingess/Hartman v. Nicholson, 19 Vet. App. 473 (2006) (notice requirements under §3.159)
Mayfield v. Nicholson, 499 F.3d 1317 (Fed. Cir. 2007) (post‑adjudication notice and readjudication can cure initial notice errors)
Bryant v. Shinseki, 23 Vet. App. 488 (2010) (VLJ duties at hearing under §3.103)
Bledsoe v. Derwinski, 1 Vet. App. 32 (1990) (standard for permanent incapacity for self‑support)
Dobson v. Brown, 4 Vet. App. 443 (1993) (focus on claimant's condition at delimiting age)