The veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.
The deciding factor: The evidence indicated that the veteran only had a 100 percent rating effective from October 9, 1997, until his death in December 2006, and he was not in receipt of compensation for service-connected disability that was continuously rated totally disabling for a period of 10 or more years immediately preceding death.
- Claimed conditions
- Post-traumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910075
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.
- Granted
The Veteran's post-traumatic stress disorder is rated at 100 percent effective November 21, 2019, due to total occupational and social impairment.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Remanded (sent back)
The Board remands the claims for further development and evidence collection, as some relevant private treatment records have not been obtained.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 70 percent for post-traumatic stress disorder and in excess of 10 percent for degenerative changes of the left talus bone to obtain relevant outstanding VA treatment records and to schedule additional examinations.
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