The Board denied DIC under 38 U.S.C.A. § 1318 based on hypothetical entitlement to a total disability rating for a continuous period of at least 10 years prior to the veteran's death, as the veteran had not been rated as 100% disabled during that period.
The deciding factor: The veteran did not have a combined disability rating of 100% for at least ten years prior to his death and there was no clear and unmistakable error in any prior decision regarding service connection.
- Claimed conditions
- lumbosacral strain with chronic arthritis of the lumbosacral spine, hemorrhoidectomy, post-operative, pes planus, bilateral, chronic prostatitis, status post upper GI bleed secondary to peptic ulcer disease due to nonsteroidal anti-inflammatory medication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 13, 2005
- Citation
- 0515902
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 0515902.
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.
- Granted
The Board has determined that the Veteran's chronic prostatitis was caused by his in-service renal contusion, and therefore grants service connection for this condition.
- Granted
The Veteran was granted a 40% rating for chronic prostatitis effective March 18, 2019. He previously had a non-compensable rating from December 11, 1969, and increased to 20% in June 2004.
- Partly granted
Service connection for prostate cancer on an accrued basis was granted based on the benefit-of-the-doubt doctrine, finding competent and credible evidence at least approximately balanced between service-connected prostatitis and prostate cancer. Service connection was denied for stomach cancer, colon cancer, skin cancer, the Veteran's cause of death, and dependency indemnity compensation benefits.
- Partly granted
The Board granted a 60 percent disability rating for chronic prostatitis prior to July 30, 2021, and denied a higher rating from that date. The Board also granted entitlement to TDIU.
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