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
- Not verified here — check the original decision
- Decision date
- January 9, 2009
- Citation
- 0900891
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900891.
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).
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