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ptsd Dependent Foster Child
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Roly
Hello,
I have a question regarding custodial children and their elgibility as dependents for compensation.
I am a grandparent with court mandated custody of a granddaughter, due to addiction and abandonment of her mother. I am told by my VSR that this has to be an adopted child, but I think I saw a CFR reference to exceptions to this flat rule. I saw it here, I think, but cannot find it now. I filled out a statement on a for form 12-4138 explaining this, and stated that I can provide the court decision and IRS agreement for an income tax dependent claim.
I am told that there is no record of this in my file, and have to resend. This is holding uo a granted 20 month effective date retroactive check for 30% PTSD.
Does anybody know where a CFR rule on definition of dependent children is to be found. If I can, I would like to quote it to them.
I am currently awaiting a DRO Hearing to preceed a BVA hearing on my disagreement with the 30% rating. They are still sending compensation as a single vereran, even though I claimed my wife, this present grandchild dependent, and her older sister who was a dependent for a portion of the 20 month effective date.
Thanks for any input,
Roly
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