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 assigned
- 100%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 18147404.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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