The claim for DIC benefits under 38 U.S.C.A. § 1318 was denied because the veteran did not have a service-connected disability rated totally disabling continuously for at least 10 years immediately preceding his death.
The deciding factor: There was no evidence of a service-connected disability rated totally disabling continuously for at least 10 years prior to the veteran's death, and no other basis for granting the claim was identified.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2009
- Citation
- 0902688
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.