The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not meet the statutory requirement of having been rated totally disabled for at least 10 years prior to his death.
The deciding factor: The veteran was not in actual receipt of a 100% disability rating for service-connected disabilities for the required period of time prior to his death, and therefore is not considered a 'deceased veteran' under 38 U.S.C.A. § 1318.
- Claimed conditions
- schizophrenic reaction, malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2004
- Citation
- 0417461
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 0417461.
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.
- Granted
The Board granted an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for malaria, including residuals, as there is no current diagnosis of malaria or residuals.
- Denied
The Board denied the Veteran's claim for an initial compensable evaluation for malaria as there was no evidence of active malaria or any current residuals affecting a bodily system.
- Partly granted
The Board granted service connection for cold spells and an eye disability (glaucoma suspect and pigment dispersion) related to the Veteran's service, but denied a compensable rating for malaria.
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