The veteran's death was not caused by his own willful misconduct. However, he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of a 100% disability rating for at least 10 years immediately preceding his death.
The deciding factor: The veteran's only service-connected condition, low back disorder, did not meet the requirement of being rated totally disabling for at least 10 years prior to his death due to his incarceration in prison from June 1986 to August 1990.
- Claimed conditions
- low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 29, 2001
- Citation
- 0117487
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 0117487.
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 appeal was dismissed due to the Veteran's death while it was pending.
- Remanded (sent back)
The Board remands the claim for service connection for a low back disorder to obtain additional medical evidence and ensure that the Veteran is afforded every possible consideration.
- Dismissed
The appeal for service connection for a low back disorder was dismissed as the RO granted service connection in a November 2023 rating decision.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disorder, left lower extremity radiculopathy, right lower extremity radiculopathy, and traumatic brain injury due to a pre-decisional duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.