The Veteran's appeal is being remanded to the RO for scheduling a hearing before the Board, as he requested and was granted. The effective date of the award remains unresolved.
The deciding factor: The Veteran failed to appear at his scheduled hearing due to conflicting medical appointments, but provided good cause for rescheduling. He has not withdrawn his request for a new hearing.
- Claimed conditions
- Dependent Spouse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2009
- Citation
- 0944875
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 0944875.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the overpayment amount was incorrectly calculated and should be reduced from $23,674.92 to $2,550. The Veteran's waiver claim is also remanded for further review by COWC.
- Granted
The Veteran's effective date for additional compensation for a dependent spouse is granted as of November 7, 2012.
- Denied
The Veteran's claim for an earlier effective date for dependency benefits for her new spouse, J.L.T., is denied because she did not notify VA of her marriage within one year of the event.
- Denied
The Veteran's claim for an earlier effective date for the addition of his dependent spouse to his compensation benefits is denied. The earliest possible effective date is March 23, 2009, as this award was made based on evidence received within a year of notification of the rating action.
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