The Board denied the Appellant's request for an earlier effective date for VA death benefits based on permanent incapacity for self-support, finding that August 26, 2014 is the earliest appropriate date due to procedural history and lack of timely reopening requests.
The deciding factor: The claim was reopened in July 2012 but not considered until August 26, 2014 when the Appellant expressed intent to reopen. The effective date cannot be earlier than this date as per VA regulations.
- Claimed conditions
- Permanent incapacity for self-support
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2019
- Citation
- 19186381
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 decided to remand the case due to non-compliance with prior remand directives regarding obtaining records from Social Security Administration (SSA) for M.E.R. and providing an addendum opinion.
- Granted
The Veteran's stepson, P.B., is recognized as his 'helpless child' for the purpose of additional dependency compensation due to permanent incapacity for self-support prior to attaining age 18. The claim was reopened based on new evidence showing a common-law marriage between the Veteran and P.B.'s mother before P.B.'s 18th birthday.
- Granted
The Veteran's step-son, F.B., was found to be permanently incapable of self-support prior to his 18th birthday due to intellectual disabilities and physical impairments. The Board granted recognition as a helpless child.
- Denied
The Board denied an earlier effective date for the award of dependency and indemnity compensation benefits as a helpless child due to lack of legal basis, as the appellant did not become helpless prior to age 18.
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