The Board found no service connection for the cause of death due to service-connected disabilities, and denied DIC benefits based on the veteran's total disability rating.
The deciding factor: The VA physician indicated that none of the veteran's service-connected disabilities played a causative role in his death. The appellant also failed to establish eligibility for DIC benefits under 38 U.S.C.A. § 1318 due to the lack of clear and unmistakable error in the effective date of individual unemployability.
- Claimed conditions
- residuals of a shell fragment wound of the right buttock, compound comminuted fracture of the right femur with Muscle Group XIV involvement, status post right hip replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- May 28, 2003
- Citation
- 0310239
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0310239.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for service connection for various disabilities, including a left hip disability, right hip disability, low back disability, left ear hearing loss, right ear hearing loss, and tinnitus.
- Remanded (sent back)
The Veteran's service connection claims for various disabilities are being remanded due to the need to obtain her Reserve service records and provide TERA opinions regarding certain conditions.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current right hip disability is related to his in-service injury, which he now believes was actually a right hip injury. The VA must provide an addendum opinion addressing this issue.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to January 1, 2016 due to service-connected disabilities. The evidence did not show that his service-connected conditions precluded him from securing or maintaining substantially gainful employment.
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