The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318 based on entitlement to a total disability rating for a continuous period of at least 10 years prior to death, finding that the veteran did not meet the criteria as his service-connected disabilities were rated less than totally disabling and he was not in receipt of compensation due solely to clear and unmistakable error (CUE) in a VA decision concerning the issue of service connection, disability evaluation, or effective date.
The deciding factor: The veteran's service-connected disabilities did not meet the criteria for a total disability rating for at least ten years prior to his death as they were rated less than totally disabling and he was not entitled to compensation due solely to CUE in a VA decision concerning the issue of service connection, disability evaluation, or effective date.
- Claimed conditions
- chronic brain syndrome due to trauma, chronic low back syndrome, disfiguring parietal scar, gunshot wound to the left thigh, appendectomy scar, chondromalacia patella of the left and right knees
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 13, 2004
- Citation
- 0401046
Veterans Law Judge
Decisions by this judge: 1,500 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0401046.
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.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's appendectomy scar was aggravated by Agent Orange exposure or asbestos exposure during service. The appellant must be provided with a VA opinion to address these theories of aggravation.
- Whole decision: Remanded (sent back)
The Veteran's service-connected disabilities do not result in the need of personal care services, and his PCAFC request was denied. The Board finds that the AOJ did not provide proper notice and reasoning for the denial, and thus remands the case to obtain a new determination based on updated regulations.
- Whole decision: Denied
The Veteran's claim for an earlier effective date and a compensable rating for her appendectomy scar was denied. The Board found that the evidence did not support an earlier effective date prior to March 15, 2022, and also determined that a noncompensable rating was appropriate.
- Whole decision: Denied
The Board denied the veteran's claims for earlier effective dates and initial compensable ratings, as well as service connection for various conditions, except for a scar related to a laminectomy which was granted with an effective date of March 22, 2021.
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