The veteran died from brain injury caused by cocaine overdose. The appellant seeks DIC benefits under 38 U.S.C.A. § 1318, but the Board finds that the veteran did not meet the criteria for such benefits as he was not in receipt of a 100% service-connected disability rating for at least 10 years prior to his death.
The deciding factor: The veteran's disabilities were rated as 80%, and he had a total rating based on individual unemployability due to service-connected disabilities (TDIU). The appellant did not meet the requirement of having been entitled to receive a 100% disability evaluation for at least 10 years prior to his death.
- Claimed conditions
- post-traumatic stress disorder (PTSD), residuals of histiocytoma of the right ankle, residuals of histiocytoma of the right leg, residuals of histiocytoma of the right thigh, residuals of removal of a mass from the right breast
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 14, 2004
- Citation
- 0418836
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 0418836.
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 service connection for an acquired psychiatric disorder, to include unspecified depressive disorder with social anxiety disorder and PTSD, resolving reasonable doubt in the Veteran's favor.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Denied
The Board denied service connection for sleep apnea and an initial rating in excess of 50 percent for post-traumatic stress disorder (PTSD) as the evidence did not support a finding that these conditions were related to or caused by the Veteran's military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
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