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Whole decision: Denied

The Board denied the appellant's claim for increased DIC under 38 U.S.C.A. § 1311 based on hypothetical entitlement to a total disability rating for a continuous period of at least 8 years prior to death, finding that the veteran had never been rated as 100% disabling during his lifetime and denying the claim.

The deciding factor: The Board found that the appellant's claim was precluded by the revised version of 38 C.F.R. § 20.1106, which states that claims for DIC based on hypothetical entitlement are not allowed under section 1311(a)(2).

Claimed conditions
varicose veins, bullous emphysema, bilateral inguinal hernia repair, hemorrhoids
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
November 6, 2003
Citation
0330631

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 0330631.

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.

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