The Veteran's death was not service-connected, as he had been receiving a total disability rating based on individual unemployability for over ten years prior to his death.
The deciding factor: The Veteran did not meet the criteria for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 due to having received a TDIU for more than ten years before his death.
- Claimed conditions
- Degenerative changes of the cervical spine, Degenerative disc disease of the lumbar spine, Sinusitis with headaches, Hiatal hernia, Degenerative arthritis of the bilateral elbows and knees, Bilateral hearing loss, Dermatitis of the hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- November 14, 2013
- Citation
- 1336969
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 1336969.
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 a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.