The Board denied the appellant's claims for a timely substantive appeal regarding the July 1998 rating decision denying DIC benefits and for an earlier effective date of payment for DIC payments.
The deciding factor: The VA Form 9 filed in August 2000 was not timely to perfect an appeal of the September 4, 1998 rating decision. The appellant's claim to reopen her previously denied claim was received after a final disallowance and thus did not meet the criteria for an earlier effective date.
- 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 28, 2006
- Citation
- 0608941
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.