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 assigned
- 90%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0718536.
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 claim for a rating greater than 40 percent for major depressive disorder is denied. The claim for TDIU is granted.
- 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).
- Remanded (sent back)
The Veteran's lumbosacral spine disability is being remanded for additional examination and rating considerations.
- 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.
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