The veteran's death was not due to his own willful misconduct. However, he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he had no service-connected disabilities rated at 100% disabling for 10 years prior to his death or continuously rated as totally disabled for 5 years after retirement from service.
The deciding factor: The veteran did not meet the statutory criteria for DIC benefits under 38 U.S.C.A. § 1318, specifically having no service-connected disabilities rated at 100% disabling for 10 years prior to his death or continuously rated as totally disabled for 5 years after retirement from service.
- Claimed conditions
- residuals of gunshot wound, damage to muscle groups V and VI, residuals of gunshot wound, damage to muscle group VII, musculo-spiral (radial) nerve, moderate incomplete paralysis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 15, 2005
- Citation
- 0510853
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 0510853.
What this means for you
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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