The Veteran's service-connected left hip disability rendered him unemployable as of May 2002, and his effective date for the TDIU should have been May 2002. This would mean that he had continuously rated as totally disabled due to this condition for at least ten years prior to his death in November 2012, qualifying him for DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The medical evidence supported the Veteran's claim of unemployability based on his service-connected left hip disability, which had been static and unchanged since at least May 2002.
- Claimed conditions
- Degenerative arthritis of the left hip, post-operative, with limitation of motion, shortening, and atrophy of the left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 8, 2016
- Citation
- 1646179
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 1646179.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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