The Veteran's service-connected disabilities were not continuously rated totally disabling for at least five years from the date of his separation from service, and therefore, he is not eligible for DIC under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's service-connected disabilities were only rated totally disabling for approximately eight years prior to his death, which does not meet the legal requirement of being continuously rated totally disabling for at least five years from the date of separation from service.
- Claimed conditions
- Lumbar spine disability, Residuals of a shell fragment wound to the lumbar area with damage to Muscle Group XX, Residuals of shell fragment wound of the right buttock with damage to Muscle Group XVII, Residuals of shell fragment wound of the left thigh with damage to Muscle Group XV, Residuals of shell fragment wound of the right hand with damage to Muscle Group IX, Thoracic spine disability, Scar of the right lower back, Scar of the left buttock, Scar of the right thigh, Scar of the right arm, Scars of the right calf and right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 10, 2009
- Citation
- 0925816
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. Search VA.gov for the original decision (opens in a new tab) using citation 0925816.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
- Whole decision: Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Whole decision: Granted
The Board has granted service connection for Generalized Anxiety Disorder (GAD) with agoraphobia with panic attacks as directly related to military service.
- Whole decision: Granted
The Veteran's service connection claim for obstructive sleep apnea is granted, and his increased rating claim for lumbar spine disability is also granted to a 40 percent rating.
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