The Board denied the Veteran's claim for retroactive election of payment of VA disability compensation in lieu of military retirement pay, effective March 1, 1969, as he did not file a timely waiver of his military retirement pay.
The deciding factor: VA regulations expressly prescribe the procedures for determining a claimant's decision on election of benefits and the Veteran had already opted out of the VA compensation benefits system by failing to file a timely waiver in March 1969.
- Claimed conditions
- Multiple gunshot wounds
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2009
- Citation
- 0946163
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. Search VA.gov for the original decision (opens in a new tab) using citation 0946163.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board found that the cause of death was multiple gunshot wounds, not related to service or any service-connected disability. The appellant's claims for DIC based on service connection were denied.
- Whole decision: Denied
The Board denied the Veteran's claim for retroactive election of payment of VA disability compensation in lieu of military retirement pay, effective March 1, 1969. The decision stated that the option to elect such compensation should not be made retroactive.
- Whole decision: Granted
The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting an increase in special monthly compensation (SMC) based upon the need of aid and attendance.
- Whole decision: Denied
The Board denied the appellant's request for an effective date prior to October 1, 1998, for reinstatement of dependency and indemnity compensation benefits as the surviving spouse of the veteran. The decision is based on the law that no payment may be made for any month prior to October 1998.
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