The veteran's service-connected disabilities were not continuously rated at 100% disabling for a period of ten years or more immediately preceding his death. Therefore, the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318 are not met.
The deciding factor: The veteran's combined rating was 80%, which did not meet the requirement of being continuously rated at 100% disabling for a period of ten years or more immediately preceding his death.
- Claimed conditions
- residuals of a gunshot wound, right gluteal region and right perineum with fractures of ischium, muscle group XVII and XV, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, adjustment disorder with depression and anxiety, osteomyelitis of the right hip, left upper arm scar, malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- May 19, 2006
- Citation
- 0614853
Veterans Law Judge
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 0614853.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient detail in a previous VA medical opinion regarding whether malaria or scarlet fever during service contributed to the Veteran's death. The case must be returned for further evaluation.
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