The Board has denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of the Veteran's death, finding that the Veteran did not meet any of the criteria in the applicable statute and regulation at the time of his death.
The deciding factor: The Veteran was not entitled to receive a 100 percent or total disability rating prior to April 25, 1963 or from September 1, 1963 to November 3, 1963. Therefore, he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- postoperative bilateral varicose veins, traumatic neuroma of the left femoral nerve, chronic lumbosacral strain superimposed on osteoarthritis, injury to the left femoral nerve with paralysis and parasthesia of the left leg, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2010
- Citation
- 1044005
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 1044005.
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.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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