The veteran's claim for DIC under 38 U.S.C.A. § 1318 was denied as he did not meet the criteria of having a service-connected disability rated at 100% total disabling for at least 10 years prior to death or continuously rated as totally disabled for five years immediately preceding death. The claim for accrued benefits was also denied due to lack of evidence indicating intent on the part of the veteran to apply for compensation after the March 1991 rating decision.
The deciding factor: The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he did not have a service-connected disability rated at 100% total disabling for at least 10 years prior to death or continuously rated as totally disabled for five years immediately preceding death.
- Claimed conditions
- PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 1, 2008
- Citation
- 0833810
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. Search VA.gov for the original decision (opens in a new tab) using citation 0833810.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Whole decision: Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Whole decision: Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Whole decision: Granted
The Veteran's appeal for an extension of his education assistance benefits under Chapter 33 was granted, as the evidence showed he was negatively affected by the COVID-19 pandemic and could not complete his program within the original eligibility period.
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