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.
The deciding factor: The appellant failed to meet the legal requirement of submitting an application for restoration of DIC benefits no later than December 16, 2004.
- Claimed conditions
- Not specified in the text
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2009
- Citation
- 0911842
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 0911842.
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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.
- Dismissed
The appellant withdrew her appeal for death pension benefits, and the claim was dismissed.
- 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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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