The Veteran's death was not service-connected, and the appellant seeks DIC benefits under 38 U.S.C.A. § 1318. The Board found that the Veteran did not meet the durational requirement for a total disability rating at the time of his death, nor would he have been in receipt of such compensation due to clear and unmistakable error (CUE) in prior decisions. Therefore, DIC benefits were denied.
The deciding factor: The Veteran's combined rating was 90 percent from June 23, 1998, but did not meet the durational requirement for a total disability rating at the time of his death or due to CUE in prior decisions.
- Claimed conditions
- low back strain with radiculopathy, hip pain status post L4-5 laminectomy, status post vagotomy with antrectomy, gastrojejunostoy for peptic ulcer disease with billroth II anastomosis, posttraumatic stress disorder, decompression sickness with limitation of motion of left shoulder, deviated nasal septum and hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2010
- Citation
- 1000745
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 1000745.
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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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for diabetes type II as secondary to a service-connected disability and an initial 70 percent rating for posttraumatic stress disorder, subject to the regulations governing the award of monetary benefits.
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