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Denied

The Board denied the appellant's claim for additional surviving spouse DIC benefits prior to May 1, 1974, based on C.C. being a dependent child due to lack of legal basis and failure to file a new claim in light of the change in law.

The deciding factor: The effective date cannot be earlier than May 1, 1974 as no other claim was filed before May 1, 1975 and the administrative determination of entitlement was in September 1975. The appellant did not file a new claim prior to May 1, 1975.

Claimed conditions
Service-connected death
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 11, 2013
Citation
1312024

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 1312024.

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