The Board denied the veteran's claim for DIC under 38 U.S.C.A. § 1318 because his service-connected disabilities were not continuously rated totally disabling for a period of 10 years or more immediately preceding death.
The deciding factor: The veteran did not have a service-connected disability that was continuously rated totally disabling by a schedular or unemployability rating for a period of 10 years or more at the time of his death.
- Claimed conditions
- residuals of a gunshot wound to the chest with injury to right side of the pleural cavity, residuals of a gunshot wound involving Muscle Group II and III, anxiety reaction, post-operative residuals of fifth rib resection and sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2005
- Citation
- 0523728
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 0523728.
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 Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which is granted for special monthly compensation.
- Dismissed
The Board denied the Veteran's motions to reverse or revise prior rating decisions on grounds of clear and unmistakable error (CUE), finding no such errors in the March 1971 and August 2004 decisions.
- Denied
The Veteran's claim for accrued benefits was denied because there was no pending claim at the time of his death, and the appellant did not file an informal claim or intent to apply for increased compensation for a service-connected condition.
- Dismissed
The Veteran's appeal was dismissed due to their death, and no final decision could be made on the merits of the claims.
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