The veteran's widow is granted DIC benefits under the provisions of 38 U.S.C.A. § 1318 due to his continuous total disability rating for more than 10 years prior to death.
The deciding factor: The effective date of TDIU was incorrectly set at January 24, 1995 instead of November 5, 1990, which would have established a 10+ year period of total disability rating for the veteran, qualifying his widow for DIC benefits under 38 U.S.C.A. § 1318.
- Claimed conditions
- cause of death
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 18, 2006
- Citation
- 0629437
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 0629437.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the issue of service connection for the Veteran's cause of death, to include as a result of exposure to ionizing radiation, due to lack of substantial compliance with previous remand directives.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for cause of death due to a pre-decisional duty to assist error and the need for a VA medical opinion.
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