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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0330631.
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.
- Remanded (sent back)
The Board remands the claim for service connection for hemorrhoids due to a pre-decisional duty to assist error, requiring an additional direct medical opinion.
- Granted
The Board granted a 10 percent rating for hemorrhoids, which fully satisfies the Veteran's appeal.
- Partly granted
The Board granted service connection for squamous cell cancer and denied the claims for an earlier effective date, service connection for implanted cardiac pacemaker, and several other conditions.
- Denied
The Board denied service connection for vertigo, incontinence, and GERD due to the lack of evidence supporting current diagnoses. The claims for hematuria and hemorrhoids were remanded for further development.
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