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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0833266.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- 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.
- 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.
- 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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