The Veteran's claim for service connection for a psychiatric disability was denied in February 1974 due to personality disorder. The appellant is not entitled to DIC under 38 U.S.C.A. § 1318 as the Veteran did not have ten years of total compensation for a service-connected disability before his death.
The deciding factor: The Board found no clear and unmistakable error (CUE) in the February 1974 rating decision that denied service connection, and thus the appellant is not entitled to DIC under 38 U.S.C.A. § 1318 as she did not have ten years of total compensation for a service-connected disability before her husband's death.
- Claimed conditions
- Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 10, 2016
- Citation
- 1643130
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 1643130.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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