The veteran's service-connected disabilities were not continuously rated totally disabling for the required period, and he was not a former prisoner of war. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.
The deciding factor: The veteran did not meet the requirement of having his service-connected disabilities rated as totally disabling for at least 10 years immediately preceding death or continuously since release from active duty and for at least 5 years immediately preceding death.
- Claimed conditions
- arthritis of the right knee, arthritis of the left knee, arthritis of the lumbar spine, arthritis of the cervical spine, arthritis of the right shoulder (major), arthritis of the left shoulder, multiple wounds of the left hand with arthritis and hysteria, sinusitis, arthritis of the left hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 25, 2005
- Citation
- 0523355
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 0523355.
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 found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Whole decision: Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Whole decision: Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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