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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0614853.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Whole decision: Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Whole decision: 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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