The Board denied the Veteran's claim for an earlier effective date for adding a dependent to her compensation award, finding that the failure to promptly notify VA of the existence of the dependent was not due to mental incapacity and thus no equitable tolling could be applied. The Veteran's service-connected disabilities did create some cognitive impairment but she has not demonstrated they rendered her incompetent.
The deciding factor: The Board found that the Veteran's failure to timely notify VA of her dependent child, MJM, was not due to mental incapacity and therefore no equitable tolling could be applied. As a result, the claim for an earlier effective date was denied.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2009
- Citation
- 0948845
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 0948845.
What this means for you
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