The veteran's service-connected disabilities did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he was not in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling for at least ten years immediately preceding his death.
The deciding factor: The veteran had a combined rating of 80% from December 1987, which did not meet the requirement of being continuously rated totally disabling for at least ten years prior to his death.
- Claimed conditions
- Right total knee replacement, Left total knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- April 19, 2005
- Citation
- 0511162
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 0511162.
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 Board denied increased ratings for the service-connected left total knee replacement, right knee degenerative arthritis, and right knee instability.
- Partly granted
The Board denied increased ratings for lumbar strain, right knee scar, and degenerative arthritis of the left knee. However, a 60 percent evaluation was granted for the right total knee replacement effective July 24, 2018.
- Partly granted
The Board granted a maximum rating of 60 percent for the Veteran's left total knee replacement from January 1, 2019, and a 70 percent rating for his acquired psychiatric disorder starting from January 17, 2018.
- Partly granted
The Board denied increased ratings for the veteran's left shoulder and knee conditions, but granted a 60 percent rating for his right total knee replacement. The Board also denied entitlement to TDIU.
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