Why was my claim for benefits for my daughter with a learning disability denied?

2023-03-30T13:03:42-04:00

My daughter has a learning disability. She was diagnosed in the Department Of Defense school system in Ludwigsburg, Germany when she was in kindergarten and her diagnosis followed throughout her entire. She was evaluated by a Multidisciplinary including a School Psychologist and other team members when we returned to the USA. She received Special Education service throughout her years in school and graduated from a special program at the age of 22. The multidisciplinary team based her diagnosis of Edcuable Mentally Imparied on the results of an Intelligence Test (IQ Test) and a standardized achievement test (reading, writing, arithmetic.) I provided all of those documents with my claim for dependent benefits. I also provided documentation verifying that my daughter has received Social Security benefits since the age of 10 years old. She continues to receive SS benefits today as an disabled adult. My claim was denied because there was not documentation from a medical doctor diagnosing her disability. Learning disability diagnosis in school age children are made by School Psychologists supported with input from team of professionals based on the results of the tests listed. After her formal education ended she was transferred to our local Community Mental Health center where she was evaluated and treated by the mental health professionals there. I believe that my claim for benefits for my daughter should have been approved based on the information provided above. Can you help me?

Response by SSG Carlos Madden made Mar 30 at 2023 2:27 PM

2023-03-30T14:27:14-04:00

Can you provide more information?

Response by Sgt Private RallyPoint Member made Mar 30 at 2023 2:28 PM

2023-03-30T14:28:43-04:00

What benefits were you seeking and what was the reason the VA denied the claim?

Response by COL Randall C. made Mar 31 at 2023 11:53 AM

2023-03-31T11:53:59-04:00

SSG Thelma Williams from your responses to SSG Carlos Madden I assume that what you are pursuing is for your daughter to be classified by DoD as a "permanently incapacitated child prior to turning 21". If this is not the case, please elaborate.

The simple fact is that having a learning disability doesn't make her applicable. From DoD's view, it's whether or not your daughter can be self-sufficient.

What is needed is documentation by a medical professional (could be her PCM, a psychologist, etc.) attesting that she will be incapable of self-care as an adult and need lifelong supervision/care.

Again, if this is not the case, please elaborate about the specific benefit you are attempting to get for her.
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* https://download.militaryonesource.mil/12038/MOS/Factsheets/EFMP-Factsheet-Establishing-Permanent-Dependency.pdf

EFMP-Factsheet-Establishing-Permanent-Dependency.pdf