The veteran's child is not eligible for DIC benefits under 38 U.S.C.A. § 1318 because the veteran did not receive a total disability rating for 10 years prior to his death. The veteran also does not qualify for nonservice-connected death pension benefits as he did not serve during a period of war.
The deciding factor: The veteran's service dates were from February 1959 to May 1962, which do not meet the criteria for wartime service under VA regulations.
- Claimed conditions
- fusion of the left wrist, arthritis of the left thumb
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2008
- Citation
- 0831767
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 0831767.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings are remanded due to the need for updated examinations and consideration of all his symptoms. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also remanded as it is inextricably intertwined with his current increased rating claims.
- Remanded (sent back)
The Veteran's appeal is remanded due to potential aggravation of her back disability during periods of active duty service. The Board requests additional information from the VA to determine if there are any periods of ACDUTRA or INACDUTRA that qualify as active duty service.
- Remanded (sent back)
The Board has remanded several issues related to accrued benefits, including service connection and rating for various conditions. The appellant is being asked to provide additional information regarding private treatment records and a VA addendum opinion on the cause of death.
- Granted
The Board has granted the petitions to reopen the previously denied claims for service connection for arthritis of the right hand, left thumb, and left foot. The appeals are now remanded for further development.
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