The Veteran's death was not due to willful misconduct, and at the time of his death he had service-connected disabilities rated as 80 percent disabling. However, he did not meet the duration requirements for a total disability rating under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's combined disability rating was 80% at the time of his death and did not meet the required duration for a total disability rating under 38 U.S.C.A. § 1318.
- Claimed conditions
- residuals of gunshot wound (GSW) of the right elbow, residuals of GSW of the right arm (Muscle Group VI), residuals of GSW of the right arm (Muscle Group VII), psychoneurosis, residuals of fractures of ribs 8, 9, and 10 on the right, residuals of tonsillectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- July 11, 2011
- Citation
- 1125913
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 1125913.
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 Veteran's service-connected disabilities, including obstructive sleep apnea and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment. His TDIU is granted, but his special monthly compensation at the housebound rate is denied due to the presence of additional service-connected disabilities.
- Partly granted
The appeal for service connection for rheumatoid arthritis was dismissed, while ratings were restored for several conditions and a TDIU was granted.
- Remanded (sent back)
The Veteran's eczema is found to have onset in service and is related to her active military service.,There is no current residual disability from the tonsillectomy, and thus service connection for residuals of tonsillectomy is denied.,Service connection for allergic rhinitis and sinusitis is remanded as there is insufficient evidence addressing direct or secondary service connection.,The Veteran's PCOS is found to be not related to her service-connected asthma. The AOJ must obtain an addendum opinion regarding whether obesity acts as an intermediate step between the service-connected asthma and PCOS.,Service connection for PCOS remains remanded.
- Dismissed
The Veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of all issues appealed.
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