The Board denied the Veteran's claim for an effective date prior to January 25, 2005 for the award of nonservice-connected (NSC) pension benefits.
The deciding factor: The evidence does not support a finding that the September 2003 rating decision was in error or that there was clear and unmistakable error (CUE). The first formal claim to reopen the NSC pension claim was received on January 25, 2005, which is the effective date assigned.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2009
- Citation
- 0907380
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.