The Veteran's death was not service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the durational requirements for a total disability rating.
The deciding factor: The Veteran did not meet the durational requirement for a total disability rating at the time of his death, and there was no evidence of clear and unmistakable error in any prior decision that would have allowed him to qualify under 38 U.S.C.A. § 1318.
- Claimed conditions
- gun shot wound involving Muscle Group XIII to the left thigh, gun shot wound involving Muscle Group XI to the left leg, varicose veins with post-phlebitic syndrome of the left leg, residuals of a fracture of the left ankle, fracture of the heel and right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 20, 2009
- Citation
- 0926884
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 0926884.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran was awarded a TDIU rating effective from April 30, 2004 due to his service-connected disabilities. The effective date of April 30, 2003 is granted as he met the schedular criteria for a TDIU during this period.
- Remanded (sent back)
The Veteran's appeal is being remanded due to a scheduling issue for a videoconference hearing before a Veterans Law Judge.
- Partly granted
The Veteran's claims are mixed, with some issues granted and others denied. The low back disorder is granted on the merits, while other claims remain pending due to lack of new and material evidence.
- Denied
The Veteran's residuals of a left ankle fracture did not result from VA hospital care, medical or surgical treatment, or examination. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have not been met.
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