The veteran's claim for an earlier effective date for additional compensation based on recognition of a dependent spouse was granted. However, the law at the time did not allow for retroactive payment prior to October 1, 1978.
The deciding factor: The effective date could not be earlier than the date of application or administrative determination due to the liberalizing law passed in 1978 which required a minimum disability rating of 30% for dependents eligibility.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2006
- Citation
- 0605775
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.