The veteran's combined disability rating was 70% at the time of his death, but he did not meet the statutory duration requirements for a total disability rating. The Board denied entitlement to DIC benefits under 38 U.S.C.A. § 1318 due to lack of continuous entitlement to a 100% combined evaluation.
The deciding factor: The veteran's combined disability rating was 70% at the time of his death, but he did not meet the statutory duration requirements for a total disability rating (ten years or more immediately preceding death).
- Claimed conditions
- Aphakia, left eye, Anxiety reaction, Incomplete paralysis of the left median nerve, Scars on the right side of his face and nose, Muscle injury of the left arm with retention of foreign bodies, Scars of the region of the left rib, right knee, and left forearm, Post-operative residuals of a resected nasal septum, Scars of the right forehead and posterior ear region
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2007
- Citation
- 0740138
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 0740138.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected anxiety reaction with insomnia symptoms has rendered him unemployable, and the Board finds that he meets the criteria for a total disability rating based on individual unemployability (TDIU).
- Granted
The Board has granted an earlier effective date of June 8, 1987 for the grant of Dependency and Indemnity Compensation (DIC) benefits due to a suicide caused by service-connected mental health issues.
- Granted
The Board has reopened the claim for service connection for the cause of death and granted it, finding that the Veteran's anxiety reaction caused or aggravated his heart conditions leading to his death.
- Granted
The Veteran's service-connected anxiety reaction and postoperative abdominal scar, left axilla prevented him from securing or following a substantially gainful occupation. The Board granted the claim for Total Disability based on Individual Unemployability (TDIU).
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