The Veteran's death was not due to willful misconduct, and he had a combined disability rating of 100% for over one year immediately preceding his death. However, the appellant did not meet any of the criteria for DIC under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's death was not due to willful misconduct and he had a combined disability rating of 100% for over one year immediately preceding his death, but he did not meet any of the criteria for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Residuals of fracture right acromioclavicular joint, Traumatic arthritis associated with residual fracture of the right acromioclavicular joint, Tinnitus, Residuals of a fracture of the right fifth metacarpal, Multiple scars of the face, neck, right knee, and left lower leg, Residuals of gunshot wound and shell fragment wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2011
- Citation
- 1109440
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 1109440.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
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