The Board denied the Veteran's claim for an effective date prior to July 8, 2014 for the award of additional compensation for a dependent spouse due to lack of evidence showing that VA was notified of his marriage prior to this date.
The deciding factor: There is no objective documentation to support the Veteran's allegation of verbal notification by him to VA employees about his impending or recent marriage shortly before October 2006, and there is no basis for extending the doctrine of constructive notice to such an unrecorded communication outside the normal claims process.
- Claimed conditions
- unknown
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143602
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 determined that the procedural error in placing the Veteran's appeal on the AMA Hearing Docket is not jurisdictional and waives its use. The matter is now REMANDED for issuance of a Statement of the Case on the timeliness issue.
- Remanded (sent back)
The Board has decided to remand the case due to non-compliance with previous remands and insufficient consideration of new evidence. The claim for nonservice-connected pension will be reconsidered.
- Remanded (sent back)
The Veteran's appeal is being remanded to address his challenge to the validity of the overpayment amount and his claim for apportionment of benefits. The Board cannot proceed with these issues until they are resolved.
- Dismissed
The Veteran withdrew their appeal, and the Board dismissed it due to the withdrawal.
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