The veteran's surviving spouse was denied restoration of Dependency and Indemnity Compensation (DIC) benefits due to the law not authorizing DIC for remarried spouses who remarry after the age of 55, which is what happened in this case. The appellant missed the cutoff by only about 6 months.
The deciding factor: The law does not authorize DIC for surviving spouses who remarry after the age of 55, and the appellant's remarriage was within that timeframe.
- Claimed conditions
- Not specified in the text
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 27, 2006
- Citation
- 0608766
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0608766.
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: Granted
The appellant is entitled to reinstatement of her DIC benefits as the remarried widow of a Veteran, despite filing for reinstatement outside the one-year period due to her age and prior entitlement.
- Whole decision: Denied
The Board denied the appellant's claim for restoration of DIC benefits due to her failure to meet the requirements set by a law amendment effective January 1, 2004. The appellant was not eligible for restoration as she did not submit her application before December 16, 2004.
- Whole decision: Dismissed
The appellant withdrew her appeal for death pension benefits, and the claim was dismissed.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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