The Board denied entitlement to dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318, finding that the veteran did not have a total disability rating for at least ten years immediately preceding his death.
The deciding factor: The veteran's service-connected organic brain syndrome was rated as 100% disabling from July 1991 and he died in February 1998. The Board found that this did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318.
- Claimed conditions
- organic brain syndrome, encephalopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 9, 2001
- Citation
- 0100501
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. Search VA.gov for the original decision (opens in a new tab) using citation 0100501.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied the claims for service connection for encephalopathy and female sexual arousal disorder (FSAD) as there is no persuasive evidence of current diagnoses or a link to service.
- Whole decision: Denied
The Board found no evidence linking the Veteran's causes of death to service or a service-connected disability, and thus denied the claim for service connection.
- Whole decision: Dismissed
The veteran withdrew the appeal for all service connection and increased rating claims, including those related to various conditions such as right foot condition, TMJ, asthma, jawbone condition, sleep apnea, kidney stones, chronic bronchitis, Alpha gal, encephalopathy, left shoulder, left ankle, cervical spine, right hip, tachycardia, loose teeth, and jawbone condition.
- Whole decision: Partly granted
The Board granted service connection for a psychiatric disability as secondary to the Veteran's service-connected disabilities and denied service connection for hernias. The issues of service connection for encephalopathy and special monthly compensation based on aid and attendance/housebound status were remanded.
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