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
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
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 0615333.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity conditions and PTSD, resulted in a loss of use of both lower extremities such that he is entitled to specially adapted housing.
- Denied
The Veteran's request for a higher rating for his total right knee replacement and service connection for bilateral plantar fasciitis was denied. The Board found that the evidence did not support finding an in-service injury or disease related to these conditions.
- Granted
The Veteran's service-connected disabilities, including bilateral hearing loss, total right and left knee replacements, tinnitus, degenerative disc disease with spinal fusion complications, painful middle back scar, and scars of the knees, have prevented him from securing and following a substantially gainful occupation. A TDIU is granted.
- Granted
The Veteran is granted higher levels of SMC and aid and attendance special monthly compensation effective May 3, 2024, due to his service-connected conditions that require regular aid and assistance.
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