The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death. Additionally, he was not rated as totally disabled continuously for at least five years from separation and thus, DIC under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The preponderance of the evidence does not support a finding that the Veteran's service-connected disabilities caused or contributed substantially to his death.
- Claimed conditions
- chronic brain syndrome, skull loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 7, 2009
- Citation
- 0938215
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 0938215.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted a higher level of SMC at the rate payable under 38 U.S.C. § 1114(t) for the Veteran's service-connected TBI residuals, finding that they require a 'higher level of care' and necessitate nursing home care without regular aid and attendance.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and development of his medical records.
- Remanded (sent back)
The Veteran's claims for increased ratings for PTSD and chronic brain syndrome, as well as a TDIU claim, are being remanded due to the need for new examinations and additional records.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding the rating of his chronic brain syndrome and residuals of a right calcaneus fracture with post-traumatic changes, as well as entitlement to TDIU. An earlier effective date of July 19, 2006 is granted for the 50 percent rating currently assigned for chronic brain syndrome.
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