The Veteran's service-connected disabilities were not rated as 100% disabling for at least 8 years prior to his death, thus denying the appellant enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2).
The deciding factor: The Veteran's combined rating of 100% was due to a CUE in assigning separate ratings for diabetes mellitus with diabetic retinopathy and vision impairment, resulting in a final May 1983 decision that the Veteran had a combined rating of 90% from August 15, 1975, and a combined rating of 100% from June 3, 1981. The appellant's claim was denied as there is no legal basis for awarding enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2).
- Claimed conditions
- diabetes mellitus, retinopathy with total blindness in both eyes, bilateral upper and lower extremity polyneuritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- May 28, 2009
- Citation
- 0919897
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 0919897.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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