The Board denied the appellant's claim for additional dependency and indemnity compensation under 38 U.S.C.A. § 1311(a)(2) as her husband had not been rated at a 100% disability level for eight or more years prior to his death.
The deciding factor: The veteran was never rated at a 100% disability level for eight or more consecutive years before his death, thus failing the requirement of 38 U.S.C.A. § 1311(a)(2).
- Claimed conditions
- Residuals of an injury to the right forearm, Heart disability (including hypertensive heart disease with mitral valve prolapse and auriculoventricular block), High frequency hearing loss, Low back pain, Postoperative residuals of a hernia (right inguinal hernia and hydrocele)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 16, 2000
- Citation
- 0030016
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 0030016.
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
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- Partly granted
The Board granted service connection for low back pain and migraines, effective October 1, 2019. The claim for sciatic nerve pain was remanded.
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