The veteran's service-connected residuals of a shell fragment wound of the head with a retained foreign body did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as it was rated totally disabling for less than 10 years immediately preceding his death.
The deciding factor: The veteran's service-connected condition had been rated at 10% since November 29, 1956 and did not meet the requirement of being continuously rated totally disabling for a period of 10 or more years immediately preceding death.
- Claimed conditions
- shell fragment wound of the head with a retained foreign body
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 12, 2006
- Citation
- 0601034
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
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