The claim for DIC benefits under 38 U.S.C.A. § 1318(b) was denied as there is no evidence that the veteran had a total service-connected disability rating for 10 years prior to his death or that he was hypothetically entitled to such a rating.
The deciding factor: The Board found that a total rating was not in effect for 10 years prior to the veteran's death and there is no indication that he was hypothetically entitled to a total rating for the 10 years prior to his death under applicable VA law.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 24, 2008
- Citation
- 0809776
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0809776.
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).
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