The veteran's death was not caused by his own willful misconduct, and he was in receipt of a total rating based on individual unemployability (TDIU) continuously rated totally disabling for a period of at least 5 years immediately preceding death. Therefore, the criteria for establishing entitlement to DIC under 38 U.S.C.A. § 1318 are not met.
The deciding factor: The veteran was not in receipt of compensation for service-connected disability that was continuously rated totally disabling for a period of at least 5 years immediately preceding death.
- Claimed conditions
- Right Knee Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2003
- Citation
- 0328440
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 0328440.
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.
- Denied
The Board denied the veteran's appeal for a higher initial rating for bilateral hearing loss and remanded issues related to service connection for knee and lumbar spine disorders.
- Partly granted
The Board denied an initial rating in excess of 10 percent for dermatitis and remanded the service connection claim for a right knee disorder.
- Partly granted
The Board granted service connection for bilateral hearing loss and allergic rhinitis and chronic sinusitis, but denied service connection for gastroesophageal reflux disease, left hand disorder, right knee disorder.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a compensable rating or service connection for any of the conditions appealed.
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.