The Board has denied the claim for DIC under the provisions of 38 U.S.C.A. § 1318 as the veteran was not in receipt of or entitled to receive compensation at a 100% rate due to service-connected disability for a period of at least five years immediately after his discharge from active service or for 10 or more years prior to his death.
The deciding factor: The veteran had a combined evaluation of 80% effective from September 1, 1990, and a total disability rating based on individual unemployability due to his service-connected disabilities effective from May 31, 1995. He died in December 2004 with TDIU having been in effect for over 9 and a half years.
- Claimed conditions
- post-traumatic right brachial plexus neuropathy with ulnar nerve palsy, residuals of a gunshot wound MG's VI and II, right, major
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 4, 2008
- Citation
- 0829952
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 0829952.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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