The Board denied the appellant's claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318, finding that the Veteran did not meet the durational requirement for a total disability rating at the time of his death.
The deciding factor: The Veteran was not rated totally disabled for a continuous period of at least 10 years immediately preceding death; nor was he rated totally disabling continuously since his release from active duty and for a period of not less than five years immediately preceding death. The Board also found that there were no service department records in existence at the time of a prior VA decision that provided a basis for reopening a claim finally decided during the Veteran's lifetime and for awarding a total service-connected disability rating retroactively.
- Claimed conditions
- PTSD, hearing loss, tinnitus, mortar fragment wound of the right arm
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2010
- Citation
- 1009260
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 1009260.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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