The veteran's death was not the result of his own willful misconduct, and he had a combined schedular disability evaluation of 80% due to service-connected disabilities. However, he did not have a total disability rating for 10 years prior to his death, nor was he entitled to a total disability based on individual unemployability for 10 years prior to his death.
The deciding factor: The veteran's combined schedular disability evaluation of 80% due to service-connected disabilities did not meet the requirement of having been rated at 100% for 10 years prior to his death, nor was he entitled to a total disability based on individual unemployability for 10 years prior to his death.
- Claimed conditions
- generalized anxiety disorder, vertigo and tinnitus in the left ear due to inner ear disease, mixed migraine and tension headaches, chronic otitis media of the left ear, hearing loss in the left ear
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- August 31, 2006
- Citation
- 0627501
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 0627501.
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 appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Partly granted
The Board granted an initial rating of 70 percent for the Veteran's service-connected depressive disorder due to another medical condition with depressive features and generalized anxiety disorder, denied a higher rating for his migraine including migraine variants, and denied ratings for other conditions.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.