The Board has denied the appellant's request for an earlier effective date of April 8, 2003, for a grant of permanent incapacity for self-support for her child over the age of eighteen. The claim was not reopened due to lack of legal basis and the RO's action is considered final.
The deciding factor: The appellant did not file a valid notice of disagreement with the April 8, 2003 rating decision, which became final as it was based on unappealed and final decisions from previous years. The claim cannot be reopened due to lack of legal basis or undisputed facts rendering the claimant ineligible for the benefit.
- Claimed conditions
- Permanent incapacity for self-support
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 29, 2008
- Citation
- 0833266
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 0833266.
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: Remanded (sent back)
The Veteran's adult child, L.B., is seeking DIC benefits based on her permanent incapacity for self-support prior to reaching the age of 18. The AOJ did not obtain all relevant Social Security Administration (SSA) records in making its decision.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to VA's failure to provide clear information about obtaining medical records and non-medical evidence. The Veteran is asked to authorize release of relevant medical records from specific doctors and submit any additional non-medical evidence.
- Whole decision: Remanded (sent back)
The Veteran seeks recognition of his son W.L.D. as a 'helpless child' based on permanent incapacity for self-support prior to reaching the age of 18. The AOJ did not obtain all relevant SSA records, and this error is being corrected.
- Whole decision: Remanded (sent back)
The Veteran's son, D., is a disabled dependent of the Veteran. The Board finds there was a pre-decisional error in VA's duty to assist and requires remand for additional development including obtaining SSA disability benefits records and Dr. R.G.'s treatment records.
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