The Board determined that new and material evidence had not been received to reopen the appellant's claim of entitlement to restoration of death benefits as the veteran's surviving spouse.
The deciding factor: The newly submitted lay statements directly contradict earlier affidavits and other evidence, making them inherently incredible. Therefore, they do not raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813331
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.