The Veteran's surviving spouse died in October 2016, and the appellant did not file a claim for accrued benefits until June 2018. The Board found that the claim was not timely filed due to the appellant's medical condition, but denied the appeal as there is no basis for equitable tolling of the filing deadline.
The deciding factor: The appellant did not file her claim within one year after her mother’s death due to a claimed inability to file due to her medical conditions. The Board found that this was not an extraordinary circumstance warranting equitable tolling.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 3, 2019
- Citation
- 19167962
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 19167962.
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).
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