The veteran's death was due to non-service-connected lung cancer. At the time of his death, he had a service-connected eye condition rated at 60 percent and in receipt of a TDIU rating based on this condition. The claim for DIC under 38 U.S.C.A. § 1318 is denied as the veteran did not meet the requirement of having been entitled to receive total compensation benefits from at least 10 years before his death.
The deciding factor: The veteran's service-connected eye condition, rated at 60 percent, was not continuously rated totally disabling for at least 10 years prior to his death due to a final RO decision finding no CUE in lifetime rating decisions.
- Claimed conditions
- bilateral pterygium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 4, 2004
- Citation
- 0405905
Veterans Law Judge
Decisions by this judge: 685 · Granted: 36% (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 0405905.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an increased rating of 10 percent for bilateral pterygium effective July 5, 2022.
- Remanded (sent back)
The Veteran's service-connected migraine headaches, pulmonary nodule of the right lung, bilateral pterygium, and residuals of closed rib fracture with associated keloid scar are being remanded for additional examinations to assess their current severity.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and for further development, including scheduling a new VA eye examination.
- Granted
The Veteran's service-connected disabilities, including sleep apnea, migraine headaches, lumbar spine disorder, left-hand fifth finger disorder, and bilateral pterygium, have rendered him unable to secure and follow a substantially gainful occupation since February 22, 2016. As his combined rating is at least 80%, he meets the schedular requirement for a TDIU.
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