The Board denied DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not meet the criteria for entitlement, specifically due to his death not being caused by his own willful misconduct and not meeting the requirement of having a service-connected disability rated as totally disabling for at least 10 years immediately preceding death.
The deciding factor: The veteran's death was not caused by his own willful misconduct. The veteran did not meet the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318 because he did not have a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death.
- Claimed conditions
- Degenerative arthritis of the left knee, Degenerative arthritis of the right knee, Degenerative arthritis of the left hip, Degenerative arthritis of the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2003
- Citation
- 0316892
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 0316892.
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.
- Partly granted
The Board granted a separate 10 percent rating for right knee instability but denied an initial rating in excess of 10 percent for degenerative arthritis of the right knee.
- Granted
The Board granted service connection for degenerative arthritis of the spine with intervertebral disc syndrome, right knee, and left knee as secondary to the right knee.
- Partly granted
The Board denied initial ratings in excess of 10 percent for degenerative arthritis of the right and left hips, but granted a 10 percent rating from April 12, 2011, for both hip conditions.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 20 percent for limitation of flexion and in excess of 10 percent for limitation of extension of the right knee due to insufficient medical evidence regarding the ameliorative effects of medication on the Veteran's condition.
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.