The Veteran's service-connected disability was not continuously rated totally disabling for a period of 10 or more years immediately preceding death, and therefore the criteria for payment of DIC benefits under 38 U.S.C.A. § 1318 have not been met.
The deciding factor: The effective date assigned by VA was correct; there was no clear and unmistakable error (CUE) in the August 2001 rating decision that granted a total disability rating based on individual unemployability, as the Veteran's service-connected disability had only been rated totally disabling for a little over 3 years at the time of his death.
- Claimed conditions
- radial nerve injury, left arm, scars, left chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 27, 2009
- Citation
- 0911605
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.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
- Partly granted
The Board denied service connection for several disorders, granted service connection for tinnitus, and remanded additional claims for further development.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for various conditions, including cervical spine disability, numbness of upper extremities, right shoulder impingement syndrome, allergic rhinitis, and scars.
- Denied
The Board denied service connection for multiple conditions, including fatigue, bilateral eye disability, hypertension, diabetes mellitus, GERD, penile condition, left foot disability, and others. Some claims were remanded for further development.
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