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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0324404.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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