The veteran's service-connected disabilities were not continuously rated as totally disabling for a period of 10 or more years immediately preceding his death, nor would he hypothetically be entitled to such rating where the basis for service connection was erroneous. The appellant's claims for Dependency and Indemnity Compensation under 38 U.S.C. § 1318 and Survivors' and Dependents' Educational Assistance under Chapter 35 were denied.
The deciding factor: The veteran's service-connected disabilities did not meet the criteria for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, as they were not continuously rated totally disabling for at least 10 years immediately preceding his death or would have been if he had applied for compensation during his lifetime.
- Claimed conditions
- residuals of cerebrovascular accident, paralysis of the left upper extremity secondary to cerebrovascular accident, arteriosclerotic heart disease with hypertension, partial paralysis of the left lower extremity secondary to cerebrovascular accident, facial paralysis secondary to cerebrovascular accident
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2006
- Citation
- 0608011
Veterans Law Judge
Decisions by this judge: 1,242 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0608011.
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 determined that the January 2022 decision by the AOJ is legally inadequate due to a pre-decisional duty to assist error, and thus remands the case for further review.
- Granted
The Veteran's claim for service connection for residuals of CVA as secondary to hypertension has been granted, with the effective date being July 25, 2023.
- Denied
The Veteran's initial rating for his adjustment disorder with depressed mood associated with cerebrovascular accident is denied as the symptoms do not meet the criteria for a higher rating.
- Dismissed
The Veteran withdrew his appeal, and the Board has dismissed it.
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