The Board is remanding the case to determine if the veteran was continuously rated totally disabled by reason of service-connected disabilities for a period of at least 10 years immediately preceding his death, under the revised regulation.
The deciding factor: The appellant must provide evidence showing that the veteran was continuously rated totally disabled by reason of service-connected disability for a period of 10 years or more immediately preceding his death.
- Claimed conditions
- radial nerve injury, scars, left chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2006
- Citation
- 0636594
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (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 0636594.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disability was not continuously rated totally disabling for a period of 10 or more years immediately preceding death, and therefore the criteria for payment of DIC benefits under 38 U.S.C.A. § 1318 have not been met.
- Remanded (sent back)
The veteran's claims for increased evaluations for various service-connected disabilities are being remanded to the RO for additional development.
- Denied
The Board denied compensation benefits under 38 U.S.C.A. § 1151 for additional neurological symptoms in the left upper extremity following VA surgery, finding no causal connection between the surgery and the development of these symptoms. The claim for an increased rating for residuals of a gunshot wound was also denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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