The Veteran died due to ALS, but the appellant's claim for enhanced DIC was denied as she did not meet the requirement of having been married to a service-connected totally disabled Veteran for at least eight years.
The deciding factor: The appellant did not meet the legal requirement under 38 U.S.C.A. § 1311(a)(2) for an enhanced DIC rate due to her marriage to a service-connected totally disabled Veteran, as she was married less than eight years prior to his death.
- Claimed conditions
- Amyotrophic Lateral Sclerosis (ALS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 15, 2014
- Citation
- 1455075
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 1455075.
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 PLS, a variant of ALS, is granted as service connected. The Board found sufficient evidence to presume that PLS developed due to service.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability, loss of use of extremities, or other qualifying conditions.
- Granted
The Veteran's ALS was granted service connection throughout the appeal period.
- Denied
The Veteran's claim for an earlier effective date for the award of service connection for ALS was denied as the earliest possible effective date is July 1, 2024.
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