The Board found that the calculated amount of retroactive DIC benefit payments was proper, but denied the appeal due to a violation of concurrent benefit payment prohibitions.
The deciding factor: VA law prohibits concurrent receipt of DIC and survivor pension benefits, and the appellant's overpayment waiver did not eliminate her debt.
- Claimed conditions
- Nonservice-connected death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 6, 2018
- Citation
- 18147404
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 18147404.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has denied the veteran's claims for nonservice connected death pension, DIC benefits, and accrued benefits. The case is being remanded to obtain service department records related to the veteran's ACDUTRA and INACDUTRA periods.
- Whole decision: Granted
The Board has determined that the Appellant's income is below the maximum annual pension rate for a surviving spouse in need of aid and attendance, thus granting her Survivors Pension with aid and attendance benefits.
- Whole decision: Granted
The Veteran's death was due to nonservice-connected causes and he was entitled to burial at a private cemetery. The VA awarded the appellant $300 for burial expenses, but not an additional $300 for plot allowance as she requested.
- Whole decision: Granted
The Veteran's death was from a nonservice-connected cause while properly hospitalized by VA. The appellant is entitled to burial and plot interment benefits as her personal funds were used for these expenses.
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