The Veteran's death was not caused by his own willful misconduct. However, the Veteran did not meet the durational requirement for a total disability rating in existence during his lifetime under 38 U.S.C.A. § 1318. The only service-connected condition (Behcet's Disease with glaucoma) rated at 100% disabling since June 6, 2005 did not meet the duration requirements for a total disability rating.
The deciding factor: The Veteran was not rated at 100% for at least the first five years after his discharge from service nor was he rated totally disabled for at least the last 10 years of his life, failing to meet the durational requirement under 38 U.S.C.A. § 1318.
- Claimed conditions
- Behcet's Disease, glaucoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 16, 2009
- Citation
- 0926553
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 0926553.
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 glaucoma and macular degeneration, finding that the evidence did not support a causal relationship between these conditions and the Veteran's military service.
- Partly granted
The Board granted reconsideration of the issues of entitlement to service connection for basal cell carcinoma, an acquired psychiatric disorder, and bilateral upper and lower extremity diabetic peripheral neuropathy. The claims for these conditions were previously denied but are now being readjudicated due to new evidence.
- Denied
The Board denied service connection for glaucoma and insomnia, finding that the evidence did not support a causal relationship between these conditions and the Veteran's military service.
- Dismissed
The Board dismissed the appeal for service connection for diabetes, glaucoma, left foot and toe tingling and numbness sensation, left hand and fingers tingling and numbness sensation, right foot and toe tingling and numbness sensation, right hand and fingers tingling and numbness sensation, and stomach cancer as moot.
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