The Board denied an earlier effective date for the award of DIC benefits, finding that the appellant's application was not received until many years after the Veteran's death.
The deciding factor: The appellant failed to submit a formal application for DIC benefits within one year of the Veteran's death, resulting in the effective date being set at the date of receipt of her claim (June 25, 2004).
- Claimed conditions
- Cause of death (not specified in the decision)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2010
- Citation
- 1032364
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. Read the original VA decision (opens in a new tab) using citation 1032364.
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 Veteran's son is not eligible for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code due to the child reaching their 26th birthday prior to the effective date of the permanent and total disability rating.
- Whole decision: Denied
The veteran's cause of death was granted service connection, but the appellant is not legally entitled to additional accrued benefits as his child.
- Whole decision: Granted
The Board has determined that a timely Notice of Disagreement (NOD) was filed regarding the issue of entitlement to service connection for the cause of the veteran's death. The case is now remanded for further development and consideration.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information. How we handle your email.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.