The Veteran has been in receipt of VA disability compensation benefits and a total disability rating due to individual unemployability (TDIU) since August 1, 2004. The appellant is the custodial parent of N.M., who is not living with the Veteran. The Board determined that no apportionment of the Veteran's benefits was warranted because he made his child support payments in a timely manner and the dependent benefit being paid to him was used to provide for N.M.
The deciding factor: The appellant did not meet the criteria for a special apportionment due to her financial situation, as she owed the Veteran significant child support arrears which would have been reimbursed by an apportionment of his benefits.
- Claimed conditions
- depression, atherosclerotic heart disease, fracture of the left third metatarsal, deviated nasal septum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2014
- Citation
- 1441302
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 1441302.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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