The Board denied the appellant's claim for enhanced DIC benefits, finding that the Veteran had not been rated at a 100% disability level for a continuous period of at least eight years prior to his death.
The deciding factor: The Board determined that the Veteran did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311 as he was not rated at a 100% disability level for a continuous period of at least eight years prior to his death.
- Claimed conditions
- partial resection of the small bowel, residuals of a shell fragment wound of the left kidney with nephrolithiasis, residuals of shell fragment wound Muscle Group XIX, moderate, abdomen, removal of the right testicle, laceration of the bladder, laceration of the urethra, postoperative residuals of the large bowel
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 23, 2010
- Citation
- 1044132
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 1044132.
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.
- Granted
The Veteran's claims for service connection have been granted, and he now has a compensable rating for his right wrist strain. His other claims are denied.
- Denied
The veteran had service-connected disabilities but was not rated at 100% for a continuous period of eight years prior to his death. The appellant's claim is based on hypothetical entitlement, which is precluded by the revised regulations.
- Remanded (sent back)
The Board has ordered further development due to pending issues regarding service connection for various conditions, including bilateral hearing loss, a scar of the right buttocks, and removal of the right testicle. The case is now remanded for additional examination and review.
- Denied
The Board found that the veteran's right testicle was present and not removed during service, thus denying his claim for service connection.
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