The Veteran's daughter is seeking accrued benefits, but the RO denied them. The Board notes that a claim for SMC is a claim for increased rating and can be effective up to one year prior to the date of claim if the increase in disability occurred during that period. As such, the case is remanded for further consideration.
The deciding factor: The provisions of 38 C.F.R. 3.400(o)(2) leave open the possibility of the assignment of an effective date prior to April 30, 2013, which could affect the denial as a matter of law with application of 38 C.F.R. §§ 3.31 and 3.500(g).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103733
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.