The veteran's death was not caused by his own willful misconduct. The Board found that the veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he did not have a right to receive total service-connected disability compensation from VA for at least 10 years prior to his death.
The deciding factor: The veteran's service-connected anxiety reaction with posttraumatic stress disorder was rated totally disabling, but the appellant could not establish that this condition had been continuously rated as totally disabling for 10 continuous years prior to the veteran's death.
- Claimed conditions
- anxiety reaction with posttraumatic stress disorder, degenerative joint disease, cervical spine, post operative traumatic arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2000
- Citation
- 0015349
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0015349.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has dismissed the appeal regarding the left knee scars and has remanded several other issues for further review.
- Remanded (sent back)
The Board has decided that the Veteran's claims of service connection for degenerative joint disease, cervical spine; degenerative joint disease, lumbar spine; right knee condition; and left knee condition are remanded due to missing records and a duty to assist error.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not preclude him from securing or following substantially gainful employment.
- Dismissed
The Board has dismissed the appeals for service connection of degenerative joint disease, cervical spine, degenerative joint disease, lumbar spine, and chronic obstructive pulmonary disease with underlying emphysema due to the death of the appellant.
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