The veteran's death was due to hypertensive arteriosclerotic cardiovascular disease. At the time of his death, he had service-connected disabilities rated at 90 percent combined evaluation. The Board found that DIC benefits under 38 U.S.C.A. § 1318 were not met as the veteran did not meet the criteria for a 100% total rating due to service-connected disability continuously for ten years prior to death or five years from discharge.
The deciding factor: The veteran's death was caused by hypertensive arteriosclerotic cardiovascular disease, but he did not have a 100% combined evaluation of his service-connected disabilities for at least ten years immediately preceding his death.
- Claimed conditions
- post-traumatic stress disorder, shell fragment wound to the right upper back, seizure disorder, residuals of an injury to the pleural cavity, shell fragment wounds to the scalp, right upper arm and shoulder, scar in the gluteal region, bilateral, right leg, hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- June 28, 2004
- Citation
- 0417171
Veterans Law Judge
Decisions by this judge: 541 · Granted: 32% (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 0417171.
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