The veteran's death was not caused by his own willful misconduct, but he did not meet the criteria for DIC benefits under section 1318 as he was not rated totally disabled for a continuous period of at least 10 years prior to his death.
The deciding factor: The veteran had service-connected disabilities that were not rated as totally disabling for a continuous period of at least 10 years immediately preceding his death, thus failing the statutory requirement for DIC benefits under section 1318.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Residuals of a Left Ankle Injury, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2003
- Citation
- 0308541
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 0308541.
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 Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
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