The Board has determined that the veteran was not entitled to a total disability rating for 10 years prior to his death, and therefore does not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The veteran's service-connected disabilities did not result in a combined 100% schedular rating for at least 10 years before his death.
- Claimed conditions
- shell fragment wound to the left foot, osteomyelitis of the left metatarsus and status post excision of squamous cell carcinoma of the left foot, lumbosacral strain and post-operative residuals of laminectomy with sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2007
- Citation
- 0705016
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 0705016.
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.
- Denied
The Veteran's service-connected residuals of a shell fragment wound to the left leg and foot have not been rated higher than the maximum allowable under VA's rating criteria.
- Denied
The Board denied an extraschedular rating for the Veteran's service-connected lower back disorder and found that a TDIU is not warranted. The VA Director of Compensation and Pension Service found no evidence to warrant an extraschedular rating.
- Granted
The Board has granted a disability rating of 20 percent for the veteran's residuals of a shell fragment wound to the left foot, effective from the date of the decision. The rating for the left thumb remains at 10 percent.
- Remanded (sent back)
The Board has remanded both issues on appeal due to the need for further development and examination.
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