The veteran's death occurred on October [redacted], 2001. The RO granted the appellant's claim for Dependency and Indemnity Compensation (DIC) benefits after determining that a July 1992 rating decision contained clear and unmistakable error (CUE). The effective date was changed from November 12, 1991 to March 29, 1991. The current issue is whether the appellant is entitled to accrued benefits for this period.
The deciding factor: The RO based its decision on the premise that the appellant was only entitled to accrued benefits for the two-year period immediately prior to the veteran's death, which was overturned by the Federal Circuit in Terry v. Principi (2004).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2005
- Citation
- 0502109
Veterans Law Judge
Decisions by this judge: 673 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0502109.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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