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
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.
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 a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Partly granted
The Board granted an earlier effective date of October 1, 2021, for service connection for migraine headaches and seizure disorder but denied the same for PTSD with TBI.
- Dismissed
The claims for service connection for hearing loss and a left knee condition were dismissed due to an untimely notice of disagreement filed more than one year after the October 2022 rating decision.
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