The veteran's death was not service-connected, but he had a combined disability rating of at least 90% for over ten years prior to his death. The claim is denied as the criteria for DIC under 38 U.S.C.A. § 1318 are not met.
The deciding factor: The veteran's total disability ratings were less than 100%, and he did not have a continuous rating of at least ten years prior to his death.
- Claimed conditions
- Residuals of a fracture of the left tibia and fibula, Partial absence of the right fibula, Residuals of a gunshot wound of the left chest, Incomplete paralysis of the left ulnar nerve, due to a gunshot wound of the left forearm, Degenerative changes of the lumbosacral spine, Symptomatic scars from a graft site, Osteomyelitis of the left tibia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 20, 2007
- Citation
- 0718536
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 0718536.
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 claim for a rating greater than 40 percent for major depressive disorder is denied. The claim for TDIU is granted.
- Whole decision: Granted
The Veteran's degenerative changes of the lumbosacral spine and spondylolisthesis due to a spinal fusion postoperative with scar are rated at 40 percent from May 4, 2009, to present (exclusive of the period of a total disability rating from November 16, 2009, to December 31, 2009).
- Whole decision: Remanded (sent back)
The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a lack of consideration of additional evidence and the need for a new VA examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.