The Veteran's death was not due to his own willful misconduct. However, he did not have a service-connected disability rated at 100% for 10 years prior to his death, nor was he entitled to a total disability evaluation on the basis of individual unemployability for 10 years prior to his death, nor was he a former prisoner of war who died after September 30, 1999. Therefore, DIC benefits under 38 U.S.C.A. § 1318 were denied.
The deciding factor: The Veteran's bilateral hearing loss disability and healed scars from gunshot wound residuals were rated at 100% effective September 24, 2002, but he did not have a service-connected disability rated as totally disabling for 10 years prior to his death or continuously rated as totally disabled for five years immediately preceding death.
- Claimed conditions
- Bilateral hearing loss disability, Healed scars, right forearm, residuals of gunshot wound through and through
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 19, 2012
- Citation
- 1232260
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 1232260.
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 has granted effective dates of August 10, 2022 for hypertension and July 25, 2023 for diabetes mellitus, type II, bilateral lower extremity diabetic peripheral neuropathy, a bilateral hearing loss disability, and tinnitus.,The Veteran's conditions were found to have manifested no later than the dates specified in their respective effective dates.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
- Dismissed
The Veteran's appeals have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these claims as they are moot.
- Denied
The Veteran's claims for an earlier effective date, a compensable rating for bilateral hearing loss disability, and increased ratings for hypertension and an acquired psychiatric disorder have all been denied. The Board found that the evidence did not support an earlier effective date due to lack of intent or claim filing prior to July 14, 2022. For the other claims, the evidence did not meet the criteria for a compensable rating for bilateral hearing loss disability and for increased ratings for hypertension and an acquired psychiatric disorder.
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