The veteran's death was unrelated to his military service, and he had a total disability rating for more than five years prior to his death. The appellant is seeking an earlier effective date for DIC benefits based on her original application in 1981, but the Board found that no decision regarding her entitlement was made by VA at that time, and she did not resubmit her completed application within one year of its return. Therefore, the earliest possible effective date for DIC benefits is August 1, 1998.
The deciding factor: The appellant's original application in 1981 was returned due to incomplete information, and no decision regarding entitlement was made by VA at that time. The appellant did not resubmit her completed application within the one-year period allowed, resulting in abandonment of her claim. Therefore, the earliest effective date for DIC benefits is August 1, 1998.
- Claimed conditions
- Gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 4, 2001
- Citation
- 0100113
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 0100113.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's death was not due to service or a service-connected disability. The appeal for accrued benefits is denied as the claim was not filed within one year of his death, and there were no pending claims at the time of his death. The appeal for death pension benefits is remanded as the appellant needs to provide additional evidence such as police reports and court transcripts related to her husband's death.
- Whole decision: Denied
The Veteran's death was caused by the appellant's willful misconduct, resulting in a denial of dependency and indemnity compensation.
- Whole decision: Granted
The Veteran's service-connected disabilities, including his back disability and bilateral lower extremity radiculopathy, prevent him from securing and following substantially gainful employment. The Board finds that he is unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities.
- Whole decision: Denied
The Board found that the appellant intentionally and wrongfully caused her husband's death, preventing payment of VA benefits to her based on his death.
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