The veteran did not have a service-connected disability rated as totally disabling for at least ten years prior to his death, and thus DIC benefits pursuant to 38 U.S.C.A. § 1318 are denied.
The deciding factor: The veteran's total rating based on individual unemployability was effective October 9, 1991, which is more than five years before the date of death (September 8, 1999).
- Claimed conditions
- anxiety reaction, degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- June 13, 2006
- Citation
- 0617244
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 0617244.
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.
- Dismissed
The Board denied the Veteran's motions to reverse or revise prior rating decisions on grounds of clear and unmistakable error (CUE), finding no such errors in the March 1971 and August 2004 decisions.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Denied
The Board denied entitlement to higher disability ratings for chronic sinusitis, low back disability, cervical spine disability, radiculopathy right upper extremity, and thoracolumbar spine scar. The Board also remanded service connection claims for left and right knee disabilities.
- Partly granted
The Board granted service connection for bilateral foot, cervical spine, and bilateral hip disabilities but denied service connection for an eye disability, OSA, a sinus disability, and a nail condition. The Board also denied an increased rating for hearing loss and dismissed the TDIU claim.
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