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
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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