The veteran's widow is denied eligibility for Service Disabled Veterans' Insurance (RH) because the veteran did not file an application during his lifetime and was never shown to be mentally incompetent.
The deciding factor: The veteran did not apply for RH insurance within one year of service connection being granted, nor could he have been considered eligible due to mental incompetence as defined by VA regulations.
- Claimed conditions
- myotonic dystrophy with cardiac involvement, left aphakia and a right cataract, dislocated left shoulder, hammertoes of the right and left feet, a parietal infarct, postoperative carcinoma of the thyroid, hiatal hernia with reflux esophagitis, Barrett esophagus with dysplasia, postoperative subluxation of the right thumb, ureteral calculus, right inguinal hernia, right spermatocele, degenerative disc disease of the cervical and lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2002
- Citation
- 0216448
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 0216448.
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.
- Granted
The Veteran's hiatal hernia with reflux esophagitis is rated at a 30 percent disability rating, effective June 5, 2020.
- Remanded (sent back)
The Board has determined that additional evidence is needed to address the Veteran's claims for service connection for gastrointestinal disability, right inguinal hernia, hiatal hernia, and bilateral hearing loss. The claims are being remanded for further development.
- Dismissed
The Veteran withdrew his appeal before the Board could make a decision on the claims. The Board dismissed the appeal as a result.
- Partly granted
The Board denied an initial compensable rating for the service-connected scar, status post right inguinal hernia repair, and a higher than 10 percent rating for the painful scar. The right inguinal hernia was remanded for further evaluation.
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