The veteran was rated at 100% for his service-connected disabilities from May 1945 to May 1951. He was subsequently rated at 80% until his death in August 1960. The evidence does not show that he would have been entitled to a 100% rating but for CUE in previous VA decisions, and the actual receipt of a continuous total rating is also not shown.
The deciding factor: The veteran's service-connected disabilities did not result in a continuous total rating for at least ten years prior to his death.
- Claimed conditions
- Encephalopathy, Loss of part of skull (skull), Severe muscle injury to group I, right side, Severe muscle injury to muscle group XXI, right side
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 26, 2001
- Citation
- 0108900
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 0108900.
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: Remanded (sent back)
The Board remands the claims for service connection for the Veteran's cause of death and Dependency and Indemnity Compensation under 38 USC 1318 due to a need for a medical opinion regarding the etiology of the Veteran's causes of death, considering toxic exposure at Camp Lejeune.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, requiring an additional VA medical opinion regarding the cause of the Veteran's death.
- Whole decision: Denied
The Veteran's cause of death was attributed to diabetes mellitus type II, which resulted in hypoglycemia. The Board found that there is no evidence to support the Veteran's exposure to herbicide agents during service or at any other time, and thus denied service connection for the cause of death on this basis. Additionally, DIC benefits were not granted as the Veteran was not rated as totally disabled due to a service-connected disability prior to his death.
- Whole decision: Granted
The Veteran's death was caused by encephalopathy, which is linked to his exposure to Agent Orange during service. The appeal for DIC based on service connection for the cause of death is granted. The appeal for accrued benefits is dismissed as all claims have been addressed.
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