The Veteran's death was not caused by his own willful misconduct, and at the time of his death he had service-connected disabilities that were continuously rated totally disabling for less than 10 years prior to his death. Therefore, the criteria for DIC under 38 U.S.C.A. § 1318 are not met.
The deciding factor: The Veteran's death was caused by lung cancer and coronary artery disease, but he did not meet the legal criteria for DIC benefits under 38 U.S.C.A. § 1318 as his service-connected disabilities were not continuously rated totally disabling for a period of at least 10 years prior to his death.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Bilateral Peripheral Vascular Disease, Bilateral Residuals of Cold Injury to the Feet, Coronary Artery Disease, Lung Cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2016
- Citation
- 1604164
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 1604164.
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.
- 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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