The Board denied the Appellant's claims for non-service-connected death pension benefits and DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing a total disability rating before or at the time of the Veteran's death, as well as other legal requirements not being met.
The deciding factor: The criteria for entitlement to DIC pursuant to 38 U.S.C.A. § 1318 have not been met because the Veteran was not rated by VA as totally disabled continuously before his death or due to a service-connected disability, and no CUE in previous decisions is shown.
- Claimed conditions
- tendinitis of the left shoulder, phlebitis of the left cephalic vein
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 22, 2014
- Citation
- 1432692
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 1432692.
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.
- Dismissed
The Board has dismissed the appeal due to a withdrawal by the appellant's attorney prior to the promulgation of a decision.
- Remanded (sent back)
The Board previously denied a claim for an increased rating for left shoulder tendinitis. The Veteran appealed, and the Court granted a Joint Motion for Remand (JMR), directing the Board to remand the case due to lack of recent VA treatment records and need for a new examination.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and medical examinations to assess the current severity of his service-connected knee, ankle, low back, and left shoulder disabilities.
- Denied
The Veteran's claim for an increased evaluation for his left shoulder disability was denied. The Board found that the evidence did not meet the criteria for a rating greater than 20 percent prior to February 26, 2009 and did not meet the criteria for a rating greater than 30 percent beginning February 26, 2009.
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