The Board found that the veteran had not been rated as 100 percent disabled during the eight years preceding his death and denied the claim for additional DIC under 38 U.S.C.A. § 1311 based on hypothetical entitlement to a total disability rating for a continuous period of at least 8 years prior to death.

The deciding factor: The veteran had not been rated as 100 percent disabled during the eight years preceding his death and there was no additional evidence submitted to VA before or after the veteran's death, consisting solely of service department records that existed at the time of a prior VA decision but were not previously considered by VA, which provides a basis for reopening a claim finally decided during the veteran's lifetime and for awarding a total service-connected disability rating retroactively.

Claimed conditions

residuals of a gunshot wound with partial paralysis left popliteal nerve, venous insufficiency of the left leg associated with arterial insufficiency, residuals of gunshot wound with muscle damage group XI, right, residuals of a gunshot wound, muscle group XIX, cicatrices, multiple, left buttock, both thighs, and both legs

How they argued it

Direct service connection

Exposure basis

None

Rating

Not verified here — check the original decision

Decision date

January 23, 2008

Citation

0802478

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 0802478.