The Veteran's death was not service-connected, and the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 has been denied as he did not meet the duration requirement for a total disability rating in existence during his lifetime.

The deciding factor: The Veteran died without meeting the statutory duration requirements for a total disability rating at the time of death, and thus was not entitled to DIC benefits under 38 U.S.C.A. § 1318.

Claimed conditions

left shoulder shell fragment wound to muscle groups III and IV, compound comminuted fracture of right tibia with involvement of muscle group XII, fractures of metatarsal bones of right foot, compound commuted fracture of left radius with limitation of supination, residuals of left wrist and forearm shell fragment wounds, shell fragment wounds of chest wall, back, abdomen, thighs and knees, right wrist fracture

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

August 26, 2010

Citation

1032096

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 1032096.