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 assigned
- None in this decision
- Decision date
- March 24, 2008
- Citation
- 0809776
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.