The Veteran was not in receipt of, nor entitled to receive, compensation for service-connected disability that was continuously rated totally disabling for a period of 10 or more years immediately preceding death. Therefore, the claim for DIC under 38 U.S.C.A. § 1318 is denied.
The deciding factor: The Veteran had not been continuously rated totally disabled for a period of at least 10 years prior to his death.
- Claimed conditions
- residuals of partial exostectomy of the right peroneal tubercle, arteriosclerotic cardiovascular disease, diabetes mellitus, status post gunshot wound of the right leg, with one inch shortening and nerve involvement, Muscle Group XIII, with fracture of the femur, traumatic arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 4, 2017
- Citation
- 1755500
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 1755500.
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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
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