The Board denied the claim for DIC under 38 U.S.C.A. § 1318 as the Veteran was not in receipt of a 100% disability rating due to service-connected disabilities for at least five years immediately preceding his death.
The deciding factor: The Veteran's combined disability rating of 100 percent was effective only from August 2001, and he did not meet the required continuous total disability rating criteria for either five or ten years prior to his death in December 2003.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Gunshot wound, muscle XIX
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911246
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.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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