The appellant withdrew her appeal for death pension benefits, and the claim was dismissed.
The deciding factor: The appellant requested the withdrawal of her appeal for death pension benefits at a December 2008 hearing.
- Claimed conditions
- Not specified in the text
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911346
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0911346.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The appellant is entitled to reinstatement of her DIC benefits as the remarried widow of a Veteran, despite filing for reinstatement outside the one-year period due to her age and prior entitlement.
- Denied
The Board denied the appellant's claim for restoration of DIC benefits due to her failure to meet the requirements set by a law amendment effective January 1, 2004. The appellant was not eligible for restoration as she did not submit her application before December 16, 2004.
- Denied
The veteran's surviving spouse was denied restoration of Dependency and Indemnity Compensation (DIC) benefits due to the law not authorizing DIC for remarried spouses who remarry after the age of 55, which is what happened in this case. The appellant missed the cutoff by only about 6 months.
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