The veteran was not in receipt of a total disability rating based on individual unemployability for at least 10 years immediately preceding his death. Therefore, the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The veteran had been rated as 60 percent disabled due to service-connected disabilities but did not meet the requirement of having a total disability rating based on individual unemployability for at least 10 years immediately preceding his death.
- Claimed conditions
- Total right knee replacement, Malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 25, 2006
- Citation
- 0615333
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 0615333.
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 remands the claims for a rating in excess of 30 percent for service-connected migraines, service connection for bilateral hearing loss, and service connection for malaria due to missing evidence and incomplete medical opinions.
- Granted
The Board granted an initial 60 percent rating for a total right knee replacement, finding that the Veteran experiences chronic residuals consisting of severe painful motion, soreness, and weakness in the right knee and leg.
- Partly granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) due to the service-connected intervertebral disc syndrome with lumbar spondylosis alone effective February 13, 2015.
- Granted
The Veteran was granted a 60 percent rating for her total right knee replacement, effective May 1, 2024.
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