The Veteran's death was not due to his own willful misconduct, and he had been receiving a total disability rating for service-connected disabilities continuously since the date of separation from active duty. However, as the appellant did not file a claim for TDIU prior to September 1997, the ten-year threshold period required by law has not been met.
The deciding factor: The Veteran's death was not due to his own willful misconduct and he had been receiving a total disability rating for service-connected disabilities continuously since the date of separation from active duty. However, as the appellant did not file a claim for TDIU prior to September 1997, the ten-year threshold period required by law has not been met.
- Claimed conditions
- residuals of a shell fragment wound of the left thigh, degenerative disc disease, status post arthroscopy and total right knee replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 7, 2009
- Citation
- 0946349
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 0946349.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for TDIU is being remanded to the AOJ for additional development, including obtaining a clear copy of the March 2014 addendum VA medical opinion and referring it to the Director of Compensation and Pension Service for extraschedular consideration.
- Remanded (sent back)
The veteran's appeal is being remanded for additional development and consideration of his claims, including the submission of any outstanding VA medical records.
- Denied
The Board has determined that the veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as his combined rating is at least 70% but does not meet the criteria for TDIU.
- Granted
The veteran's claim for increased evaluations for the residuals of his gunshot and shell fragment wounds was received by VA on February 6, 1985. The effective date for the awards of a 20 percent rating for the residuals of a gunshot wound of the left buttock and a 10 percent rating for the residuals of a shell fragment wound to the left thigh is granted as of February 6, 1985.
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