The veteran's death was not caused by his own willful misconduct. However, the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 because he did not meet the criteria for a 100% disability rating continuously for at least 10 years immediately preceding his death.
The deciding factor: The veteran's total disability rating was less than 10 years prior to his death, and therefore, he did not qualify under the provisions of 38 U.S.C.A. § 1318.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 26, 2001
- Citation
- 0111959
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 0111959.
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.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
- Granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD and GAD, as well as tinnitus.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
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