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
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (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 0418836.
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