The appellant is not entitled to higher DIC rate for a surviving spouse with dependent children as the effective date of her DIC award does not meet the legal requirements.
The deciding factor: The effective date of the appellant's DIC award was April 18, 1999, which did not align with the claim filed in May 1959 and subsequent denial by the RO and Board. The law does not provide for a higher rate of DIC to be paid to a surviving spouse for children over age 18.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 5, 2006
- Citation
- 0609871
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 0609871.
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).
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