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 assigned
- 100%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0833810.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- 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.
- 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.
- 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.
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