The Board denied the appellant's claim for DIC benefits under the provisions of 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled for at least 10 years immediately preceding his death.
The deciding factor: The veteran had a combined rating of 80% due to service-connected disabilities, but he did not meet the requirement of having been rated totally disabled for at least 10 years prior to his death.
- Claimed conditions
- chronic brain syndrome associated with brain trauma, loss of bone of the skull
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2003
- Citation
- 0324404
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 0324404.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is found incompetent to manage his VA funds due to mental capacity issues related to brain trauma, anxiety, depression, dependency, and other conditions.
- Remanded (sent back)
The Veteran's appeal is to determine if he is competent for the purpose of direct receipt of VA compensation benefits. The RO has determined that he is incompetent, and his son (J.C.R.) was named as his fiduciary.
- Denied
The Veteran is not entitled to special monthly pension by reason of needing regular aid and attendance due to his condition. However, he meets the criteria for special monthly pension under other provisions.
- Denied
The Board found that the veteran's chronic brain syndrome associated with brain trauma does not meet the criteria for a disability rating in excess of 30 percent.
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