The veteran's death was not due to his own willful misconduct, but he did not have a service-connected disability rated as totally disabling for at least 10 years prior to his death. Therefore, the claim for DIC under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The veteran's combined evaluation of service-connected disabilities was 40 percent and he did not have a total disability rating based on individual unemployability (TDIU) at any time prior to his death, thus failing the requirement for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- aortic valve disease, residuals of an injury to the left knee, residuals of an injury to the right knee, residuals of an injury to the left thumb, residuals of an injury to the right thumb
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 23, 2003
- Citation
- 0324666
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 0324666.
What this means for you
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Related decisions
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- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Dismissed
The Board has dismissed the Veteran's claims for a rating in excess of 30 percent prior to January 21, 2017, for surgical residuals of a coarctation of the aorta and entitlement to TDIU prior to that date as these issues have already been adjudicated by the Board.
- Remanded (sent back)
The Board has awarded an initial 60 percent rating for surgical residuals of a coarctation of the aorta from January 21, 2017 to June 20, 2017. The Veteran's claim for service connection for hypercholesterolemia was denied. The matter of entitlement to a rating in excess of 30 percent prior to January 21, 2017 for surgical residuals of a coarctation of the aorta is remanded.
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