The Veteran's death was not service-connected, but the appellant is in receipt of Total Disability due to Individual Unemployability (TDIU) based on his service-connected disabilities. The effective date for TDIU was earlier than what would be required under VA law for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's death did not meet the legal requirements for DIC benefits under 38 U.S.C.A. § 1318 due to the lack of a 10-year continuous total disability rating prior to his death.
- Claimed conditions
- unspecified
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 17, 2009
- Citation
- 0926820
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 0926820.
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 claim for a total disability rating based on unemployability due to service-connected disabilities was denied as she is not service connected for any disabilities.
- Whole decision: Granted
The Veteran's TDIU rating is granted from February 1, 2010, as this was the date he stopped working due to his service-connected disabilities.
- Whole decision: Granted
The Board has reinstated the Veteran's entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) due to disagreement over the weight of evidence indicating that his service-connected disabilities do render him unable to maintain gainful employment.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to an error in failing to obtain a VA opinion regarding the functional impact of any side effects from medication used to treat service-connected disabilities, which may affect the Veteran's ability to work.
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.