The Veteran's surviving spouse filed a request for substitution of the claimant due to the death of the Veteran. However, as the law allowing for such substitution only applies to cases where the veteran died on or after October 10, 2008, and the Veteran died in January 2008, her request is denied.
The deciding factor: The Veterans' Benefits Improvement Act of 2008 does not apply to cases where the veteran died prior to its enactment date (October 10, 2008).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 5, 2012
- Citation
- 1223302
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 1223302.
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).
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