The veteran's service-connected disabilities were not rated as 100% disabling at any time prior to his death, and therefore DIC under the provisions of 38 U.S.C.A. § 1318 is denied.
The deciding factor: The veteran had a total disability rating for depressive reaction (70%) and right leg varicose veins (40%), but these ratings were not continuously rated as 100% disabling for at least ten years prior to his death, which is required by the provisions of 38 U.S.C.A. § 1318.
- Claimed conditions
- Depressive Reaction, Right Leg Varicose Veins
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 29, 2003
- Citation
- 0310335
Veterans Law Judge
Decisions by this judge: 1,467 · Granted: 18% (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 0310335.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for an earlier effective date of November 10, 2005, for the grant of service connection for PTSD is dismissed. The appeal for SMC benefits based on housebound or need of aid and attendance is remanded.
- Denied
The Veteran's depressive reaction was rated at a noncompensable level since March 12, 1968. The Board found that there was no factually ascertainable increase in severity of his condition within one year prior to the July 3, 2017 claim for an increased rating.
- Denied
The Veteran's claim for an earlier effective date for the 100% rating for service-connected depressive reaction with PTSD is denied. The issue of entitlement to service connection for pancreatitis is remanded.
- Denied
The Veteran's service-connected right leg varicose veins and associated scar do not render him unemployable due to his physical limitations, as evidenced by his employment history and medical records.
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