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
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.
- Partly granted
The Board granted readjudication of the claims for service connection for diabetes mellitus, prostate cancer, and peripheral neuropathy of the left and right lower extremities due to new and relevant evidence having been received.
- Granted
The Board granted an increased disability evaluation of 100 percent for service-connected malaria, finding the evidence to be in approximate equipoise as to whether the Veteran's malaria was active during the appeal period.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining private treatment records and scheduling VA examinations.
- Denied
The Board denied earlier effective dates for service connection and ratings related to chronic renal failure, peripheral neuropathy of the left lower extremity, and special monthly compensation.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.