The veteran died of renal cell carcinoma, and the Board found that he was not entitled to DIC benefits under 38 U.S.C. § 1318 because his death was not caused by a service-connected disability, and he did not meet any of the conditions for entitlement as per the regulations.

The deciding factor: The veteran's death was not due to a service-connected condition, and he did not have continuous total disability ratings for at least ten years prior to his death or had not been rated totally disabled continuously since release from active duty for at least five years. The appellant also did not raise any claims of clear and unmistakable error (CUE) in previous decisions.

Claimed conditions

gunshot wound of the right posterior calf, anxiety reaction, conversion type with spasmodic hysterical dyspnea, depression, and headaches, gunshot wound of the left biceps, arthritis of the left shoulder, gunshot wound of the left forearm, chronic granulating lesion of the right calf, arthritis of the left knee, arthritis of the right knee, arthritis of the left thumb, scar, residual of gunshot wound, Muscle Group XIII

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

June 20, 2001

Citation

0116677

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 0116677.