Jacqueline S. Roberts v. Robert A. McDonald

MOORMAN, Judge:

The appellant, Jacqueline S. Roberts, the surviving spouse of veteran Clifford L. Roberts, seeks review of a December 28, 2012, decision of the Board of Veterans’ Appeals (Board) that determined that the offset of the appellant’s annuity benefits under the Survival Benefits Plan (SBP), 10 U.S.C. §§ 1447-1455, against retroactive payment of dependency and indemnity compensation (DIC) is valid. The appellant’s SBP payments began years before her award of DIC benefits. The Board relied exclusively on VA regulation 38 C.F.R. § 3.658 in reducing the appellant’s DIC award by…