Dismissed
The appellant was denied as a proper claimant for REPS benefits due to not being the surviving spouse or child of the veteran.
The deciding factor: The evidence does not show, nor does the appellant allege, that she is the surviving spouse or child of the veteran. The law and not the evidence is dispositive in this case.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2009
- Citation
- 0900122
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.