The veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as he was not rated totally disabled continuously for a period of at least ten years immediately preceding his death.
The deciding factor: The veteran had multiple service-connected conditions but was never rated as totally disabled continuously for the required period prior to his death.
- Claimed conditions
- complete paralysis, left sciatic nerve with complete foot drop, ankylosis, favorable, left hip, chronic lumbosacral strain, arthritis of the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2005
- Citation
- 0504319
Veterans Law Judge
Decisions by this judge: 2,374 · 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 0504319.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Granted
The Board has granted the restoration of entitlement to total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective May 1, 2020. The decision was made due to procedural errors in the previous termination decisions.
- Granted
The Veteran's initial disability ratings for chronic lumbosacral strain with degenerative arthritis, radiculopathy of the left and right lower extremities, and depression have been granted. The Veteran also received a TDIU effective from January 21, 2009.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
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