The veteran's right eye disability was not rated as totally disabling for a period of 10 years prior to his death, and therefore the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The veteran did not have a 100% rating for a service-connected disability that was rated totally disabling for at least 10 years immediately preceding his death.
- Claimed conditions
- Left eye disability, Right eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 5, 2001
- Citation
- 0100191
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 0100191.
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.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, alcohol abuse, a liver disability, and hand and eye disabilities, as the evidence did not support a finding that these conditions were related to service or secondary to any service-connected condition.
- Denied
The Board denied the Veteran's claims for increased ratings for his left eye disability and residuals of prostate cancer, as the evidence did not support higher ratings under the applicable criteria.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, right shoulder disability, left elbow disability, right elbow disability, left ankle disability, and right ankle disability as the evidence did not support a finding of a current disability related to service. The claims for psychiatric disability, obstructive sleep apnea, left eye disability, right eye disability, cervical spine disability, and left shoulder disability were remanded.
- Granted
The Board granted earlier effective dates for the awards of service connection for various residual scars and a right eye disability, with an effective date of January 2, 2015, but no earlier.
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