The Veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated as totally disabling for at least one year immediately preceding his death. However, the appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The Veteran's death was not due to his own willful misconduct and he had a service-connected disability rated as totally disabling for at least one year immediately preceding his death, but he did not meet the requirements of 38 U.S.C.A. § 1318.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Residuals of a fractured right ankle, Residuals of a shell fragment wound of the face with retained foreign bodies, Low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 3, 2015
- Citation
- 1537697
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 1537697.
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 claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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