The veteran was hypothetically entitled to TDIU prior to his death, which would have been granted as of June 16, 1988. The appellant is therefore eligible for DIC benefits under the provisions of 38 U.S.C.A. § 1318.
The deciding factor: The veteran's service-connected disabilities (left eye disability, degenerative disc disease of the lumbar spine with radiculopathy of the left sciatic nerve plexus, and loss of bowel control) would have rendered him unable to obtain gainful employment if he had sought TDIU prior to his death.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Fecal incontinence
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- January 17, 2007
- Citation
- 0701356
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 0701356.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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