The Board has found that the VA Form 21-0518-1 received on November 3, 2006 is considered of record at the time of the surviving spouse's death for the purposes of the appellant's accrued benefits claim of entitlement to death pension with an allowance for aid and attendance. As a result, the appeal is granted.
The deciding factor: The Board found that the VCAA notice error was prejudicial due to the untimely notification letter sent after the surviving spouse's death, which caused the appellant's claim to be automatically denied as her application was incomplete at the time of her death. The VA Form 21-0518-1 received on November 3, 2006 is now considered timely and must be considered as if it were of record at the date of the surviving spouse's death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2010
- Citation
- 1029939
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 1029939.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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