The Board denied the appellant's claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) based on her husband's service-connected disabilities, finding that he was not rated as totally disabled for at least eight years prior to his death.
The deciding factor: The veteran had a total disability rating but it was less than the required period of continuous total disability (8 years) prior to his death.
- Claimed conditions
- bilateral defective hearing, chronic obstructive pulmonary disease (COPD), granulomatous lung disease, pleural plaques consistent with asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2008
- Citation
- 0830366
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 0830366.
What this means for you
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What you can do next
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- Denied
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- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
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