The Veteran's claims for SMC and DIC were denied as he did not meet the criteria for either benefit.
The deciding factor: The Veteran was not rated totally disabled for a continuous period of at least ten years prior to his death, nor did he have service-connected disability rated totally disabling for a continuous period of not less than five years from the date of discharge. Additionally, there is no evidence showing that the Veteran was a former prisoner of war.
- Claimed conditions
- unspecified depressive disorder, right shoulder disability, lumbar spine disability, left fifth toe disability, scar of the left foot, arthritis of the left knee, arthritis of the right knee, arthritis of the left first tarsometatarsal, rheumatism of the right lower extremity, rheumatism of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- January 3, 2019
- Citation
- 19100506
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Granted
The Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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