The Veteran's death was not determined to be service-connected, and the Board denied DIC benefits under 38 U.S.C.A. § 1318 as his service-connected disabilities did not meet the criteria for total disability rating based on individual unemployability.
The deciding factor: The Veteran had multiple service-connected conditions but they were not continuously rated totally disabling for at least five years from the date of separation or any other qualifying condition under 38 U.S.C.A. § 1318.
- Claimed conditions
- post-traumatic stress disorder, right lower leg gunshot wound scar, neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2009
- Citation
- 0912069
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0912069.
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 has denied the Veteran's claims of service connection for irritable bowel syndrome, sleep apnea, post-traumatic stress disorder, and urinary frequency as there is no competent evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Remanded (sent back)
The Board has decided to remand the case due to conflicting evidence regarding the severity of the Veteran's neck scar, and a new examination is needed.
- Granted
The Veteran's combined disability rating was 100% from February 6, 2006. The Veteran died in February 2020 and had been receiving a total disability rating for at least 10 years immediately preceding his death. Therefore, DIC benefits under 38 U.S.C. § 1318 are granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.