Citation Nr: 18132387
Decision Date: 09/06/18	Archive Date: 09/06/18

DOCKET NO. 15-20 561
DATE:	September 6, 2018
ORDER
The claim of entitlement to increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2) is dismissed.
FINDINGS OF FACT
1. A July 2010 Board decision denied entitlement to increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2). The appellant did not appeal the July 2010 Board decision.
2. No additional evidence presented since the July 2010 Board decision relates to an unestablished fact necessary to substantiate the claim.
3. No Motion for Reconsideration, Motion to Vacate or Motion for Revision of the Board’s July 2010 decision has been received. 
 
CONCLUSIONS OF LAW
1. The July 2010 Board decision is final regarding the claim of entitlement to increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2).  38 U.S.C. §§ 511, 7103, 7104 (2012); 38 C.F.R. § 20.1100 (2017).
2. The claim of entitlement to increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2) is dismissed.  38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.1103 (2017); Rudd v. Nicholson, 20 Vet. App. 296 (2006).
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Veteran served on active duty from July 1943 to April 1945.  He died in
February 1969 and the appellant is his surviving spouse This case comes before
the Board of Veterans’ Appeals (Board on appeal from a July 2003 rating decision
issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2018, the appellant and her daughter testified at a Travel Board hearing held at the RO before the undersigned Veterans Law Judge, and a transcript of that hearing has been associated with the electronic record.
In February 2007, the Board denied the appellant’s claim for enhanced DIC benefits under 38 U.S.C. § 1311(a)(2).  The appellant appealed this denial to the Court of Appeals for Veterans Claims (Court).  In August 2009, the Court granted a Joint Motion for Remand filed by the parties, which requested that the February 2007 Board decision be vacated and remanded.  In July 2010, the Board issued a decision denying the appellant’s claim for enhanced DIC benefits under 38 U.S.C. § 1311(a)(2).  This decision was not appealed to the Court. 
The appellant contends that she is entitled to increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2) due to the Veteran being rendered completely disabled due to his service-connected diabetes mellitus for more than 8 years prior to his February 1969 death.  The appellant cites the Veteran’s receipt of Social Security benefits as evidence of the Veteran’s disability, but as already noted by the July 2010 Board decision, the Board is not bound by any prior disability determinations made by another government agency, including the Social Security Administration.  The appellant has not submitted any new evidence in support of her contention that the Veteran was entitled to an effective date earlier than December 13, 1965 for a 100 percent evaluation for his service-connected diabetes mellitus.  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.  
A review of the record does not reflect that the appellant filed a notice of disagreement with the Court within 120 days of the decision, nor has she filed a Motion for Reconsideration, Motion to Vacate or Motion for Revision of the Board’s July 2010 decision at any point.  The July 2010 Board decision is final. See 38 C.F.R. §§ 20.1001, 20.1100, 20.1404.  As the matter has already been addressed in a final Board decision, there remains no error or fact of law for the Board to determine in this appeal and the claim must be dismissed.
In addition, the Board does not construe the appellant’s assertions as a motion for revision of the July 2010 Board decision.  Motions for revision of a Board decision based on clear and unmistakable error have specific content and filing requirements.  38 C.F.R. § 20.1404.  Pursuant to 38 C.F.R. § 20.1404, a motion for revision of a decision based on clear and unmistakable error must be in writing, and must be signed by the moving party or that party’s representative the motion must include the name of the veteran; the name of the moving party if other than the veteran; the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans’ Appeals decision to which the motion relates.  The motion must set forth clearly and specifically the alleged clear and unmistakable error, or errors, of fact or law in the Board decision, the legal or factual basis for such allegations, and why the result would have been manifestly different but for the alleged error.  38 C.F.R. § 20.1404(b).  Non-specific allegations of failure to follow regulations or failure to give due process, or any other general, non-specific allegations of error, are insufficient to satisfy the requirement of the previous sentence.  Id.  Motions that do not comply with the specific content and filing requirements shall be dismissed without prejudice for refiling.  38 C.F.R. § 20.1404(a), (b).  If the appellant has a specific theory as to why the Board clearly and unmistakably erred in the July 2010 Board decision, then she should file a motion with the Board to revise the July 2010 decision explaining how the Board erred.  The Board notes that a motion for revision of a decision based on clear and unmistakable error may be filed at any time.  
Accordingly, the appellant’s claim for increased (enhanced) Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1311(a)(2), is dismissed.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Keogh, Associate Counsel 

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