The veteran's combined rating was only 40 percent, and he had not been rated as 100 percent disabling during the entire ten years preceding his death. The claim for DIC based on hypothetical entitlement is denied.
The deciding factor: The veteran did not have a total disability rating of at least 10 years prior to his death based on actual service-connected conditions, and the claim was based on hypothetical entitlement which is precluded by regulation.
- Claimed conditions
- arteriosclerotic heart disease with right atrial enlargement, irritable bowel syndrome with moderate malnutrition, malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 2, 2005
- Citation
- 0505860
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 0505860.
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.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
- Dismissed
The Veteran's appeal for an increased rating for malaria was dismissed because the November 17, 2025 request for Board review came before the September 16, 2025 higher-level review of the same issue had been completed.
- Dismissed
The appeal has been dismissed due to the death of the Appellant, and no decision can be made on the underlying claims.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to duty-to-assist errors and additional examinations are required. The AOJ will also request clarification from the Veteran regarding his claim for malaria.
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