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
- Not verified here — check the original 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. Search VA.gov for the original decision (opens in a new tab) using citation 0705016.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has remanded both issues on appeal due to the need for further development and examination.
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