The Board has granted the Veteran's appeal and assigned July 2, 2015 as the effective date for the award of additional pay for his dependent spouse and child. The Veteran had a combined disability rating of at least 30 percent which entitles him to additional pay for dependents.
The deciding factor: The Board concluded that the presumption of regularity may not attach to the mailing of the November 2015 notice, as it was sent to an address in Laredo, Texas, while the Veteran's last known address at the time of the rating decision was Roma, Texas. As a result, VA could not presume that the Veteran received the November 2015 rating decision and thus the one-year period for receiving evidence did not start from the date of the notice.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070678
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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