The veteran's death was not caused by his own willful misconduct, and at the time of his death he was not in receipt of or entitled to receive compensation for a service-connected disability that was continuously rated totally disabling for 10 years immediately preceding death.
The deciding factor: The veteran died more than 50 years after discharge from service without having been continuously rated totally disabled by VA for at least 10 years prior to his death.
- Claimed conditions
- residuals of left thigh gunshot wound, partial left sciatic nerve injury, shortening of left lower extremity, traumatic arthritis of left knee, traumatic arthritis of right knee, degenerative arthritis to proximal and distal joints of right foot, residuals of right big toe gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2003
- Citation
- 0328374
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 0328374.
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.
- Partly granted
The veteran's claims for service connection for hypertension and chronic interstitial lung disease were granted under the PACT Act. A compensable rating of at least 10 percent was also granted for photophobia and vitreous floaters.
- Granted
The Veteran's claim for a 50 percent evaluation of left hip fracture residuals from July 7, 2017 is granted. The effective date for the shortening of the left lower extremity is set at December 11, 2019.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for left femur fracture and shortening of the left lower extremity, as well as a temporary total disability rating due to hospitalization related to the surgery.
- Remanded (sent back)
The Board has remanded the Veteran's claims for compensation under 38 U.S.C. § 1151 and entitlement to a temporary total disability rating due to incomplete records from December 3, 2010 to April 1, 2011.
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