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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Granted
The Board has determined that the Veteran's back condition is related to his service-connected left knee replacement residuals and grants service connection for this secondary condition.
- Denied
The Board has denied the appellant's claims for service connection for treatment purposes only under 38 USC Chapter 17 for a disability of the spine and migraine headaches, as there is no evidence to support a nexus between these conditions and his military service.
- Remanded (sent back)
The Board has remanded the claim for service connection of low back pain due to a motor vehicle accident during service. The Veteran's lay statements and a buddy statement support his assertion that his back pain began after the 1982 motor vehicle accident. However, both VA examiners provided opinions that were inadequate as they did not consider these statements.
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