The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 as it is not legally meritorious due to the Veteran dying more than 5 years following his separation from active service and was not receiving or entitled to receive compensation at a 100 percent rate for the required period.
The deciding factor: The appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 has no legal merit as the Veteran died more than 5 years following his separation from active service and was not receiving or entitled to receive compensation at a 100 percent rate for the required period.
- Claimed conditions
- PTSD, bilateral tinnitus, concussion type hearing loss, scars of the chin and left chest
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2010
- Citation
- 1048115
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 1048115.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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