The Veteran's widow is denied DIC benefits under 38 U.S.C.A. § 1318 because the Veteran was not rated as totally disabled for a continuous period of at least ten years immediately preceding his death, or continuously since discharge from military service for a period of not less than five years immediately preceding death.
The deciding factor: The Veteran's total disability rating based on individual unemployability (TDIU) was granted effective October 13, 1998. The Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he was not rated as totally disabled continuously since discharge from service and for a period of at least five years immediately preceding death.
- Claimed conditions
- Degenerative joint disease with limitation of motion of the left knee, Left knee disability (analogous to instability), Right knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 10, 2011
- Citation
- 1109395
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 1109395.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's right knee disability is granted as service connected, effective August 19, 2009. The Veteran's MDD is rated at 70 percent and his TDIU due to MDD is also granted.
- Remanded (sent back)
The Veteran's right knee disability is currently rated at 10 percent, and the Board finds that a remand is necessary to determine if it warrants a higher evaluation. Additionally, the TDIU claim is inextricably intertwined with the increased rating claim for right knee disability.
- Remanded (sent back)
The Board has found that the Veteran is in need of personal care services for a minimum of six continuous months due to an inability to perform one or more activities of daily living (ADLs). The PCAFC eligibility process will continue, including consideration of whether the program is in the Veteran's best interest.
- Partly granted
The Board granted increased ratings for intervertebral disc syndrome, left and right ankle disabilities but remanded the claims for other joint conditions due to insufficient evidence.
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