The Veteran's death was not caused by a service-connected condition, and there is no pending claim for accrued benefits purposes. The appeal of the CUE issue in the September 1998 rating decision concerning TDIU is dismissed.
The deciding factor: There is no evidence showing that the cause of the Veteran's death was related to his military service or any service-connected disability.
- Claimed conditions
- healed bony defect of the temporal bone with a metal plate, posttraumatic encephalopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 7, 2010
- Citation
- 1021015
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 1021015.
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 appeal seeking revision of an October 1976 rating decision that assigned an initial noncompensable, or zero percent, disability rating for posttraumatic encephalopathy on the basis of clear and unmistakable error (CUE) is denied. The appeal seeking an effective date earlier than May 8, 2013, for the 70 percent disability rating for posttraumatic encephalopathy with mood disorder on the basis of equitable relief is also denied.
- Remanded (sent back)
The Board has remanded the case due to a scheduling issue with an aid and attendance examination, which is needed to determine if the Veteran's service-connected seizure disorder renders him in need of regular aid and attendance.
- Remanded (sent back)
The Board has ordered a new examination to determine if the Veteran's service-connected posttraumatic encephalopathy, manifested by seizure disorder, renders him in need of regular aid and attendance. The examiner will assess whether his condition makes him helpless or so nearly helpless that he requires the aid of another person.
- Dismissed
The Veteran has withdrawn his appeal for an increased rating of 30 percent for migraine headaches, and the Board is dismissing this issue.
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