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.