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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1032096.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claims for right wrist fracture, left thumb pain, and tinnitus were granted with an effective date of January 2, 2024.
- Whole decision: Dismissed
The Veteran's request to withdraw the right wrist fracture claim has been granted, resulting in its dismissal.,The Veteran's request to withdraw the hemorrhoids claim has been granted, resulting in its dismissal.
- Whole decision: Denied
The Board denied the veteran's claims for a higher disability rating for his right wrist fracture and non-compensable rating for residual scars, status post right wrist surgery. The claims for service connection for neurological disabilities of the right hand, COPD, chronic fatigue syndrome, and restless leg syndrome were remanded.
- Whole decision: Dismissed
The veteran withdrew his appeal for all service connection and rating issues, resulting in the dismissal of the entire appeal.
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