The veteran's claim for DIC benefits under 38 U.S.C.A. § 1318 is denied because the disability was not continuously rated totally disabling for at least ten years immediately preceding death.
The deciding factor: The disability (chronic brain syndrome) was not continuously rated 100% disabling for a period of at least ten years immediately preceding the veteran's death.
- Claimed conditions
- Chronic brain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2004
- Citation
- 0400268
Veterans Law Judge
Decisions by this judge: 999 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0400268.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for increased ratings for his brain syndrome and right foot disability, as well as his claim for a TDIU, have been granted. The Veteran is now rated at 80% combined disability due to his service-connected conditions.
- Granted
The Veteran's service-connected disabilities, including chronic brain syndrome and hearing loss, render him unemployable at present. His TDIU claim is granted.
- Denied
The Board has determined that the veteran's epilepsy grand mal does not warrant a rating higher than 60 percent, as there is no evidence of at least one major seizure every three months or more than ten minor seizures per week.,For his chronic brain syndrome associated with convulsive seizures, the Board finds that he does not meet the criteria for a disability rating greater than 10 percent.
- Denied
The Board has determined that the veteran's claims for service connection for a cerebrovascular accident, chronic brain syndrome, and neuritis have not been well grounded. The issues of entitlement to increased evaluations for grand mal seizures with anemia and gingivitis, residuals of a right femur fracture, and right testicle atrophy are also denied.
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