The Veteran's death was not caused by a service-connected disability, and he did not meet the eligibility criteria for DIC under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran had no 100% rated service-connected disability at the time of his death, nor did he have a continuous period of 100% rating immediately preceding death due to CUE in a VA decision.
- Claimed conditions
- residuals of shell fragment wound, noncompensable residuals of rheumatic fever
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2009
- Citation
- 0934581
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 0934581.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal regarding a disability rating for residuals of shell fragment wound, muscle weakness and atrophy, limited motion of right shoulder is dismissed. The Board has also remanded the issues of service connection for COPD and hypertension due to herbicide exposure.
- Granted
The Board has determined that the Veteran's osteomyelitis pre-existed service and increased in severity during service, warranting service connection. The residuals of shell fragment wound are not supported by evidence of a direct relationship to service.
- Denied
The Board denied the appellant's claims of service connection for various conditions, including left ear hearing loss, shell fragment wound residuals, Lyme disease, rheumatoid arthritis, and appendicitis. The right ear hearing loss disability was assigned a noncompensable rating.
- Denied
The VA determined that the veteran's residuals of a shell fragment wound with retained metallic fragments in the chest wall do not warrant an increased evaluation.
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.