The Veteran's death was not due to willful misconduct, and he met the criteria for DIC under 38 U.S.C.A. § 1318(b) as his service-connected disabilities were rated at least 10 percent disabling for at least ten years prior to his death. However, the Veteran did not meet any of the three specified criteria in the statute.

The deciding factor: The Veteran's combined schedular rating was 60% from November 6, 1998, which is less than 10 percent disabling for at least ten years prior to his death. Therefore, he did not meet the requirement of having a total disability rating for at least ten consecutive years prior to death.

Claimed conditions

left leg and foot scar with muscle injury, residuals of a shell fragment wound with retained metallic foreign bodies, right buttock with muscle injury, residuals of a shell fragment wound with retained metallic foreign bodies, left buttock and left thigh with muscle injury, residuals of a shell fragment wound right shoulder with muscle injury

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

60%

Decision date

January 15, 2010

Citation

1002590

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 1002590.