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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0100501.
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.
- 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.
- 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.
- Remanded (sent back)
The Board remands the matter of service connection for the Veteran's cause of death, as there is a pre-decisional duty to assist error regarding the Veteran's prostate cancer diagnosis and treatment.
- Granted
The Veteran's encephalopathy, resulting from VA treatment with Depakote in 2001, was found to be an additional disability not reasonably foreseeable. The Board granted compensation under 38 U.S.C. § 1151.
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