The Veteran's death was caused by oxycodone intoxication. The appellant timely filed a claim for SSA survivor benefits, which is considered a joint claim for VA DIC and accrued benefits. An effective date of April 1, 2013, is granted for the award of DIC benefits based on service connection for the cause of the Veteran’s death. The appellant's claim for accrued benefits was timely filed.
The deciding factor: The appellant's May 2013 claim with SSA constitutes a joint claim for VA DIC and accrued benefits, which remained pending until the RO initially adjudicated the claim in December 2014. Since the appellant’s claim for SSA death benefits was filed within one year of the Veteran’s death, an effective date of April 1, 2013 is granted.
- Claimed conditions
- oxycodone intoxication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2019
- Citation
- 19105078
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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