The Board is remanding the case to determine if the VA's May 2006 rating decision, which assigned an effective date of September 28, 2005 for DIC benefits, can be revised due to a clear and unmistakable error. The appellant argues that the RO should have processed an informal claim for survivor benefits given the Veteran's death in December 2003.
The deciding factor: The Board is remanding the case to determine if VA knew or was notified of the Veteran's death prior to September 28, 2005 and whether any application for SSA benefits should be considered as a claim for DIC benefits under 38 C.F.R. § 3.153.
- Claimed conditions
- DIC benefits
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 24, 2015
- Citation
- 1536126
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. Search VA.gov for the original decision (opens in a new tab) using citation 1536126.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the request for an earlier effective date for DIC benefits because the claim was received on October 7, 2020, which is considered the effective date.
- Denied
The Board dismissed the claims of entitlement to service connection for the cause of the Veteran's death and entitlement to DIC benefits under the provisions of 38 U.S.C. § 1318 in a final decision dated August 11, 2010. The moving party's motion for revision or reversal on grounds of clear and unmistakable error (CUE) was denied.
- Denied
The Board denied the appellant's claim for Parents' DIC benefits from January 1, 2005 due to a lack of adequate verification of income.
- Granted
The Board has determined that the appellant timely filed a notice of disagreement with respect to the November 2012 decision denying DIC benefits and nonservice-connected death pension. The appeal is granted.
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