The Board Erred When It Failed To Address A Widow’s Alternative Theory For Dic Benefits
The Court held that the Board erred when it denied a widow’s claim for dependency and indemnity benefits (“DIC”). The Board found that a request for revision in a 1988 rating decision based upon clear and unmistakable error CUE was not on appeal and thus was not a part of the claim. The Court held that it was clear that the widow’s request for revision based upon CUE in the 1988 rating decision was part of her claim for DIC benefits. On remand, the Court ordered the Board must consider whether there was CUE with the 1998 rating decision.