The Veteran's death was not due to a service-connected disability rated totally disabling for at least eight years prior, thus denying the claim for increased DIC benefits under 38 U.S.C. § 1311 (a)(2).
The deciding factor: The Veteran’s combined total disability rating was in effect from December 10, 2003, which constitutes a period of 7 years, 2 months, and 2 days.
- Claimed conditions
- Rectal ulcer with chronic pain and bleeding (previously nonhealing rectal lesion with colostomy), Cervical strain, Dermatitis, Erectile function associated with residuals of prostate cancer status post brachytherapy, formerly prostatitis with suprapubic tube placement, Epididymitis associated with residuals of prostate cancer status post brachytherapy, formerly prostatitis with suprapubic tube placement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 4, 2019
- Citation
- 19125038
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19125038.
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.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Veteran's PTSD is granted an initial 70 percent evaluation, effective September 23, 2024. The Veteran's dermatitis remains at a 10 percent evaluation.
- Granted
The Board has granted service connection for cervical strain, low back disability, bilateral upper extremity peripheral nerve disability, and bilateral lower extremity peripheral nerve disability. The conditions are related to the Veteran's active service.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.