PREC 8-93    Protection of Service Connection under 38 U.S.C. § 1159 and 38 C.F.R. § 3.957     Citation: Vet. Aff. Op. Gen Couns. Prec. 8-93, VAOPGCPREC 8-93, 1993

QUESTION PRESENTED:

Do the provisions of 38 U.S.C. § 1159 and 38 C.F.R. § 3.957 protect an award of dependency and indemnity compensation (DIC) under which benefits have been paid for over ten years but which was erroneously made in light of a rating-board decision that the veteran's death was not service connected?

HELD:

The provisions of 38 U.S.C. § 1159 and 38 C.F.R. § 3.957 do not protect an award of dependency and indemnity compensation under which benefits have been paid for over ten years but which was erroneously made in light of a rating-board decision that the veteran's death was not service connected.