The Veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated as totally disabling for at least one year immediately preceding his death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 because his total disability rating was not in effect for at least ten years prior to his death.
The deciding factor: The Veteran's service-connected disabilities were rated as totally disabling for less than ten years immediately preceding his death, which is required by the statute and regulations under 38 U.S.C.A. § 1318.
- Claimed conditions
- Traumatic neuropathy of the left upper extremity, Traumatic arthritis of the left acromioclavicular joint, Fractured head of the left radius with traumatic arthritis and resection of the left radial head and lateral epicondylectomy, Traumatic arthritis of the left thumb, status post arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 14, 2010
- Citation
- 1017956
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 1017956.
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.
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- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
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- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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