The veteran's death was not caused by his own willful misconduct, and at the time of his death he had a service-connected disability rated totally disabling for less than 10 years immediately preceding death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.
The deciding factor: The veteran did not have a total rating for compensation purposes for at least 10 years prior to his death and was not continuously rated as totally disabled for five years after service.
- Claimed conditions
- kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2006
- Citation
- 0616863
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 0616863.
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 claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Dismissed
The appeal for service connection for kidney disease, mass on kidney, and thyroidectomy was withdrawn by the Veteran's attorney representative.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Dismissed
The appeal of entitlement to a higher rating for kidney disease was dismissed due to procedural defects in the filing of the Notice of Disagreement.
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