The veteran's death did not meet the criteria for an award of DIC benefits under 38 U.S.C.A. § 1318 as he was not receiving or entitled to receive compensation at the 100 percent rate for a period of at least five years from his discharge.
The deciding factor: The veteran died more than 5 years following his separation from active service, and was not receiving or entitled to receive compensation at the 100 percent rate for the 10-year period immediately preceding his death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816551
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.