The Board has determined that the veteran would not have been entitled to a total service-connected disability evaluation for ten or more years immediately preceding his death, and therefore denied the claim of entitlement to DIC under 38 U.S.C.A. § 1318.
The deciding factor: The evidence did not establish hypothetical entitlement as it was based on records in the veteran's claims file at the time of his death, which were not included in the VA's custody prior to his death.
- Claimed conditions
- Muscle Group XX injury, Muscle Groups XIX and XI injuries, Left knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2001
- Citation
- 0116835
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 0116835.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for various conditions have been granted, including back disability, tinea pedis and tinea unguium, right foot degenerative changes, left hip disability, left knee arthritis, and psychiatric disabilities. The Board also found that the bilateral lower extremity radiculopathy is secondary to his back disability.
- Granted
The Board has granted service connection for degenerative arthritis of the lumbar spine, right knee arthritis, and left knee arthritis. The claims for PTSD and radiculopathy are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for right knee disability and left knee arthritis due to insufficient reasoning in previous decisions, including a lack of adequate examination regarding the nature and etiology of his right knee disability. The Court also found that there was an issue with missing service treatment records.
- Granted
The Veteran's acquired psychiatric disorder, including unspecified schizophrenia and other psychotic disorder, moderate cocaine use disorder, severe marijuana use disorder, is granted as service connected. PTSD was denied due to lack of a valid diagnosis.
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