The Veteran's death was not caused by a service-connected condition, and the appellant is therefore denied DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran had been rated at 100% for anxiety disorder since October 2001, but this rating did not meet the statutory duration requirements for DIC benefits as he was not continuously rated at 100% for a period of ten years prior to his death.
- Claimed conditions
- anxiety disorder, pes planus, right thigh shrapnel wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2010
- Citation
- 1025608
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 1025608.
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.
- Partly granted
The Board granted service connection for sleep disturbances, to include obstructive sleep apnea, as secondary to an anxiety disorder. The increased rating claim for the anxiety disorder was denied, and the heart condition claim was dismissed.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Remanded (sent back)
The Board dismissed the appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) and remanded several issues related to increased ratings for various disabilities.
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