The Board denied the appellant's claim for DIC under § 1318 because the Veteran did not meet the basic threshold criteria of having a service-connected disability rated as 100% disabling for at least 10 years prior to his death. The Board also found that further grounds for DIC entitlement were precluded due to various reasons.
The deciding factor: The August 2008 decision was based on the evidence available at the time, which did not establish a continuous period of over 10 years of service-connected disability rated as 100% disabling prior to the Veteran's death. The Board also found that the appellant had failed to make any CUE allegation concerning the March 1991 rating decision during the Veteran's lifetime.
- Claimed conditions
- gunshot wound with FCC of the left humerus, clavicle, and scapula, right inguinal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2009
- Citation
- 0943342
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 0943342.
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
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- Partly granted
The Board denied an initial compensable rating for the service-connected scar, status post right inguinal hernia repair, and a higher than 10 percent rating for the painful scar. The right inguinal hernia was remanded for further evaluation.
- Denied
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- Remanded (sent back)
The Board remands the claims for service connection for right eye glaucoma and right inguinal hernia as additional development is needed to address the Veteran's theories of entitlement.
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