The Board denied DIC benefits under 38 U.S.C.A. § 1318 because the veteran was not service-connected for a disability rated as 100% disabling for at least 10 years prior to his death.
The deciding factor: The veteran's total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was granted by the RO in July 2003, effective October 15, 2002. The veteran had a total rating of 70% at the time of his death.
- Claimed conditions
- gunshot wound with FCC of the left humerus, clavicle, and scapula, chronic edema of the left upper extremity, anterior chest scar, bursitis of the right elbow, overuse syndrome of the right shoulder, overuse syndrome of the cervical spine, shoulder scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- August 20, 2008
- Citation
- 0828287
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0828287.
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.
- Partly granted
The Board granted an initial 100 percent rating for chondrosarcoma prior to November 26, 2021, and denied a higher rating for rib removal. Pulmonary vascular disease was rated at 60 percent effective May 26, 2021, and anterior chest scar was rated at 10 percent effective the same date.
- Denied
The Board denied service connection for left upper extremity radiculopathy with numbness in hand, erectile dysfunction (ED), urinary frequency, and a shoulder scar as there was no evidence of current disability.
- Remanded (sent back)
The Veteran's claim for a rating in excess of 50 percent from September 14, 2020, for migraine headaches associated with traumatic brain injury is denied.,The Veteran's claims for service connection for bursitis of the right elbow and recurring yeast infections (claimed as vaginal irritation) are reopened due to new evidence received since their previous denial decisions.,Service connection for chronic vaginitis is granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a compensable evaluation for his shoulder scar and service connection for his back disability due to the need for updated examinations and additional medical opinions.
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