The Board finds that the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled from service-connected disabilities for 10 continuous years immediately preceding death nor was he totally disabled continuously after discharge for a period of service not less than 5 years immediately preceding death.
The deciding factor: The appellant did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as she failed to demonstrate that the veteran died from a service-connected disability rated totally disabling for at least ten years prior to his death or continuously rated totally disabling for at least five years after discharge.
- Claimed conditions
- degenerative disc disease, lower lumbar radiculopathy on left, sensorimotor peripheral neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 1, 2007
- Citation
- 0712800
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 0712800.
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 Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Whole decision: Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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