The Veteran's death was due to atherosclerotic disease, and the appellant is not eligible for additional DIC benefits under 38 U.S.C.A. § 1311(a)(2) because her marriage to the Veteran did not meet the legal requirements.
The deciding factor: The appellant's marriage to the Veteran was not valid as it did not last a continuous period of at least eight years immediately preceding his death, which is required for additional DIC benefits under 38 U.S.C.A. § 1311(a)(2).
- Claimed conditions
- posttraumatic stress disorder, coronary artery disease, diabetes mellitus, Type II, right upper extremity weakness, residual of stroke (non-dominant), right lower extremity weakness, residual of stroke associated with diabetes mellitus, Type II, residuals of a mortar wound of the left ankle with a chip fracture, traumatic arthritis of the right knee, residuals of first and second degree burns of the right arm, residuals of a shell fragment wound to the third finger of the left hand, scar, residual of a left leg injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2010
- Citation
- 1011444
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 1011444.
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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Remanded (sent back)
The Veteran's claim for an increased rating for coronary artery disease is being remanded due to the inadequacy of a previous VA examination.
- Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
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