The appeal for DIC benefits under 38 U.S.C. § 1318 was dismissed as the notice of disagreement did not identify a valid rating decision which is appealable.
The deciding factor: The August 2022 NOD did not express disagreement with a valid rating decision, and there were no previous final decisions on the issue of entitlement to DIC benefits for appeal at the time of filing.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24070951
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.