The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was neither rated totally disabled due to service-connected disabilities for 10 continuous years immediately preceding death.
The deciding factor: The veteran's death was not service-connected, and he did not have a 100% disability rating for the required period prior to his death.
- Claimed conditions
- Wound of the left thigh, Malaria
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2009
- Citation
- 0902189
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.
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- Granted
The Veteran's malaria was rated at 100% from October 2, 2005 to August 22, 2006. After that period, the malaria is considered inactive and a noncompensable rating is assigned.
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