The veteran's service-connected disabilities were not rated as totally disabling for a period of at least ten years immediately preceding his death. Therefore, DIC under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The effective date of the total disability rating was September 8, 1997, which means the veteran did not meet the requirement of having been rated as totally disabled for a period of at least ten years immediately preceding his death.
- Claimed conditions
- weak feet with pes planus, metatarsalgia, degenerative joint disease of the lumbar spine, degenerative joint disease with left knee replacement, degenerative joint disease with right knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 6, 2007
- Citation
- 0716788
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 0716788.
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.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Granted
The Board has granted the Veteran's claim for service connection for metatarsalgia, tailor's bunion, intractable plantar keratosis, callus, and osteoarthritis of the left foot great toe. The decision is based on evidence showing a direct relationship between these conditions and the Veteran's military service.
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