The veteran's death was not service-connected, and he did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The veteran had multiple service-connected disabilities but did not have a disability rated as totally disabling for at least 10 years prior to his death.
- Claimed conditions
- Depressive disorder, Residuals of frozen feet, Amputation of right second toe and metatarsal head residual to frostbite, Amputation of right great toe residual to frostbite, Pes planus, Residuals of frozen hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- June 26, 2007
- Citation
- 0719277
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 0719277.
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 identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Board denied the appellant's claim for an increased rating for pes planus of the left foot as he failed to report for a necessary VA examination without good cause.
- Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
- Denied
The Veteran's claim for special monthly compensation (SMC) due to being housebound is denied because he does not have a single service-connected disability rated as total, and his disabilities are not separate and distinct from the maximum combined rating of 100 percent.
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