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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0505860.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The appeal has been dismissed due to the death of the Appellant, and no decision can be made on the underlying claims.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.