The veteran's death was not service-connected, but he had been continuously rated as totally disabled for a period of at least ten years immediately preceding his death. As such, DIC benefits were denied.
The deciding factor: The veteran did not have a service-connected disability that was continuously rated as totally disabling for at least ten years prior to his death.
- Claimed conditions
- bilateral hearing loss, multiple basal cell skin cancers, arthritis of the lumbosacral spine, arthritis of the cervical spine, tinnitus, postoperative pterygium, left eye, papilloma, postoperative right lower eye lid, post-operative residuals, ganglionectomy, right wrist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 29, 2004
- Citation
- 0402644
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 0402644.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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