The veteran's total disability rating was not in effect for 10 or more years immediately preceding his death, thus the requirements for DIC under 38 U.S.C.A. § 1318 are not met.
The deciding factor: The veteran did not meet the requirement of having a 10-year period of continuous total disability rating prior to his death.
- Claimed conditions
- not specified
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2000
- Citation
- 0033659
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 0033659.
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.
- Granted
The Board has granted an effective date of September 1, 2020 for the grant of dependency and indemnity compensation (DIC) due to the Veteran's death being service-connected. The decision is based on evidence of record at the time of the Veteran's death.
- Granted
The Veteran was found to have been in receipt of a total disability rating for over eight years prior to his death, and the Appellant was legally married to him at the time of his death. The Board granted increased DIC benefits under 38 U.S.C. § 1311(a)(2) based on this evidence.
- Remanded (sent back)
The Board has determined that the AOJ did not properly adjudicate all issues before it, including burial benefits, accrued benefits, and special monthly compensation. The case is being returned to the AOJ for further development and action.
- Remanded (sent back)
The Veteran's application for benefits under the VA's Caregivers PCAFC program was denied due to a lack of eligibility based on his need for care. The Board has decided to remand this matter for further development and consideration.
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