Citation Nr: 21010731
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 17-28 558A
DATE: February 25, 2021

ORDER

The appeal for entitlement to increased dependency and indemnity compensation (DIC) by reason of being in need of the aid and attendance is dismissed.

FINDINGS OF FACT

1. The appellant perfected an appeal for the issue of entitlement to increased DIC based on a need for the aid and attendance of another in the Legacy framework.

2. The benefit sought on appeal was granted in a December 2019 rating decision.

3. The appellant initiated an appeal as the downstream issue of entitlement to the assignment of an earlier effective date for the award of increased DIC based on a need for the aid and attendance of another in the Appeals Modernization Act (AMA) system, and such will be adjudicated in a separate decision.  

4. There remains no question of fact or law to be decided by the Board of Veterans’ Appeals (Board) concerning the question of entitlement to increased DIC based on a need for the aid and attendance of another.

CONCLUSION OF LAW

The criteria for dismissal of the claim for entitlement to increased DIC based on a need for the aid and attendance of another have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The appellant is the surviving spouse of a Veteran who had active service from February 1946 to December 1946 and from January 1953 to December 1954.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  Here, the appellant was denied entitlement to an increased DIC based on a need for the aid and attendance of another in an April 2016 rating decision.  She perfected an appeal with the filing of a VA Form 9 in June 2017.  While her appeal was pending, the AOJ awarded the benefit sought in a December 2019 rating decision.   

Crucially, the appellant has appealed the downstream issue of entitlement to the assignment of an earlier effective date for the award of increased DIC based on a need for the aid and attendance of another within the Appeals Modernization Act (AMA) system, and that issue will be adjudicated by the Board in a separate Board decision.  

Accordingly, the Board finds that the benefit sought on appeal in the Legacy framework—entitlement to increased DIC based on a need for the aid and attendance of another—has been granted, and there remains no question of fact or law to be decided by the Board in the Legacy appeals system.

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For these reasons, the appeal is dismissed.  See 38 U.S.C. § 7105.

 

 

V. Chiappetta

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Polly Johnson, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.