The January 1982 rating decision denied the veteran's claim for entitlement to total disability based on individual unemployability (TDIU). The August 1993 rating decision granted TDIU but assigned an effective date of March 16, 1993. However, the veteran did not meet the statutory duration requirements for a total disability rating at the time of his death in April 2002.
The deciding factor: The veteran's combined service-connected disability rating was less than 10 years prior to his death, failing the statutory requirement for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- Right knee and leg disabilities, Right hip fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2005
- Citation
- 0500275
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (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 0500275.
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 Veteran's right hip fracture is now rated at 40 percent from November 17, 2022. The punctate old avulsion fracture remains at a 40 percent rating since December 2, 2022.
- Remanded (sent back)
The Veteran's claim for reimbursement of non-VA medical services was remanded due to incomplete development and lack of proper notice under the modernized appeal system.
- Denied
The Veteran's right hip disability is rated as 10 percent disabling for limitation of flexion, but the Board denied a higher rating due to lack of evidence showing limited extension or abduction beyond normal limits.
- Remanded (sent back)
The Veteran's death is attributed to his service-connected right thigh condition, but the cause of his hip fracture and prostate cancer are unclear. The Board has ordered additional medical records and opinions to clarify these issues.
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