The veteran's service-connected disabilities were not continuously rated totally disabling for a period of 10 or more years immediately preceding his death, nor does the evidence show that he would have met the statutory duration requirements but for clear and unmistakable error in a previous decision. Therefore, the claim for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 is denied.
The deciding factor: The veteran's service-connected disabilities were not continuously rated totally disabling for a period of 10 or more years immediately preceding his death, nor does the evidence show that he would have met the statutory duration requirements but for clear and unmistakable error in a previous decision.
- Claimed conditions
- herniated nucleus pulposus, L5-S1, loss of use of lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- March 22, 2005
- Citation
- 0508472
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 0508472.
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 determined that there were duty to assist errors in the VA opinions regarding the Veteran's herniated nucleus pulposus and knee meniscal tears, necessitating remand for additional development.
- Dismissed
The appeal was dismissed due to the Veteran not timely filing a Notice of Disagreement.
- Granted
The veteran was granted a 40% rating for their herniated nucleus pulposus, L5-S1 both prior to July 31, 2017 and from September 1, 2017.
- Granted
The Veteran's earlier effective date for special monthly compensation (m) is granted from March 15, 2011 to March 8, 2012. The Board also grants an earlier effective date prior to June 18, 2014, for entitlement to special monthly compensation (p)(m1/2).
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