The Board denied service connection for the cause of the veteran's death and DIC benefits under 38 U.S.C.A. § 1318, as there was no evidence linking the veteran's fatal conditions to his service or service-connected disabilities.
The deciding factor: The competent medical evidence did not show that a service-connected disability caused or substantially contributed to the veteran's death, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.
- Claimed conditions
- dysthymic disorder, gunshot wound (left chest), through and through gunshot wound (left chest with fractured fourth and sixth ribs), gunshot wound (lumbar region)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2008
- Citation
- 0812308
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.
- Granted
The Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
- Partly granted
The Board granted an increased rating of 70 percent for dysthymic disorder and a total rating based on individual unemployability due to service-connected disability, effective July 31, 2008.
- Denied
The Board denied the Veteran's request for an earlier effective date of August 1, 1989 or November 1, 2011 for his service-connected dysthymic disorder.
- Granted
The Veteran's service-connected dysthymic disorder has been found to prevent him from obtaining or retaining substantially gainful employment, and a total disability rating based on individual unemployability (TDIU) is granted.
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