The Veteran's death was not service-connected, and the appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 or accrued benefits.
The deciding factor: The Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not receiving compensation for a service-connected disability rated totally disabling for at least ten years immediately preceding his death. The appellant is also not eligible for accrued benefits due to lack of timely filing.
- Claimed conditions
- Bilateral arthritis of the knees, elbows, and hands, Arthritis of the cervical spine, Hiatal hernia with gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 20, 2009
- Citation
- 0939817
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 0939817.
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: Granted
The Board granted a total disability rating based on individual unemployability (TDIU) for the period on appeal, as the Veteran's service-connected disabilities rendered him unable to maintain gainful employment.
- Whole decision: Partly granted
The Board denied service connection for a low back disability and radiculopathy of the left lower extremity, but granted an evaluation of 30 percent for hiatal hernia with GERD.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to obtain and follow substantially gainful employment, leading to a TDIU award effective April 1, 2017.
- Whole decision: Denied
The Board has denied the Veteran's claims of service connection for thoracolumbar and cervical spine disabilities, finding that there is no evidence linking these conditions to his military service.
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