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.
The deciding factor: The RO notified the Veteran about his entitlement to SMC under subsection (k) for loss of one foot and anatomical loss of left foot in March 1969, but did not notify him about the higher rate of SMC at subsection (l). The Veteran's claim was granted due to CUE in the original rating decision.
- Claimed conditions
- Multiple gunshot wounds
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2013
- Citation
- 1306952
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 1306952.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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, as he did not file a timely waiver of his military retirement pay.
- 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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