The veteran was not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not have a service-connected disability rated as totally disabling for any period of time prior to his death.
The deciding factor: The veteran's combined disability rating, considering all service-connected disabilities, was only 40 percent at the time of his death and had never been higher than 90 percent, which is insufficient to meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.
- Claimed conditions
- subdural hemorrhage from a fall
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2009
- Citation
- 0900891
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.