The Board denied the veteran's claim for DIC under 38 U.S.C.A. § 1318, finding no clear and unmistakable error in VA rating decisions or entitlement to a total disability rating continuously from discharge until death.
The deciding factor: The veteran did not have continuous service-connected disabilities rated as 100% disabling for the required period of time.
- Claimed conditions
- hemorrhoid, impotency, myelopathy involving the left lower extremity, myelopathy involving the right lower extremity, nonpsychotic organic brain syndrome associated with brain trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2006
- Citation
- 0617769
Veterans Law Judge
Decisions by this judge: 1,555 · Granted: 19% (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 0617769.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that there was a duty to assist error and remands the case for further development, including obtaining an opinion regarding whether the Veteran's current hemorrhoid disorder is aggravated by service.
- Dismissed
The Board dismissed the appeals for service connection for headaches, PTSD, bilateral hearing loss, sleep apnea, and a compensable rating for hemorrhoids due to untimely Notice of Disagreement (NOD).
- Remanded (sent back)
The Board remands the matters of an initial compensable rating for hemorrhoid and service connection for a scar, to include as secondary to the Veteran's service-connected hemorrhoid disability due to inadequate VA examination and missing medical records.
- Partly granted
The Board granted eligibility for the direct payment of fees to the appellant from past due benefits awarded in the portion of a July 2023 rating decision assigning an earlier effective date for the grant of service connection for tinnitus, but denied such eligibility for higher ratings for left knee, left shoulder, right wrist and hemorrhoid disabilities.
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