The Board denied DIC benefits as the appellant did not file a claim for DIC benefits prior to her remarriage in November 1989, and she is not shown to have filed an informal or formal claim before then.
The deciding factor: The appellant did not file a claim for DIC benefits until several years after her remarriage in November 1989, which was after the effective date of the Omnibus Budget Reconciliation Act of 1990 that eliminated reinstatement of benefits to surviving spouses who remarried after the veteran's death.
- Claimed conditions
- residuals of a gunshot wound injury to the lung, anxiety disorder, shoulder muscle injury, digestive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2000
- Citation
- 0023099
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0023099.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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