The veteran died in May 2002 due to metastatic lung cancer and pneumonia. At the time of his death, he had service-connected disabilities including gouty arthritis (40% disabling), hearing loss (10% disabling), a tonsillectomy (noncompensable), and a scar on the scalp from an excision of a sebaceous cyst (noncompensable). The veteran did not meet the requirement for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of or entitled to receive compensation based on service-connected disability rated 100% disabling at the time of his death.
The deciding factor: The veteran's disabilities were not rated as 100% disabling for a period of 10 years immediately before his death, and there was no evidence that he would have been entitled to such rating but for CUE in previous decisions.
- Claimed conditions
- gouty arthritis, hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2005
- Citation
- 0533140
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 0533140.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Denied
The Veteran's tinnitus and hearing loss claims are denied as there is no current diagnosis of these conditions.,The Veteran's high cholesterol, dementia, stroke, prostate cancer, cataracts, diabetes, hypertension, CHF, and myocardial infarction claims are denied due to lack of service connection evidence or insufficient evidence to establish a nexus between the disabilities and active duty service.,The Veteran was exposed to toxins during his military service but there is no evidence linking these exposures to any of the claimed conditions.
- Granted
The Veteran's service-connected PTSD prevented him from securing and following a substantially gainful occupation.,Given the grant of TDIU based on his service-connected PTSD, the Veteran has a single service-connected disability rated as total (PTSD) and additional service-connected disabilities independently ratable at 60 percent or more.
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