The Veteran's death was not due to a service-connected disability, and therefore the appellant is not entitled to enhanced DIC benefits under 38 U.S.C. § 1311(a)(2).
The deciding factor: The Veteran did not have any service-connected disabilities at the time of his death, and there were no rating decisions made during his lifetime that could be challenged for clear and unmistakable error.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101515
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.