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 did not meet the required eight-year period immediately preceding his death.
- 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
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Partly granted
The Board denied a higher rating for hypertension but granted a 10% rating for the left (minor) long/middle finger, while denying compensable ratings for the other fingers and dermatitis.
- Granted
The Board granted an earlier effective date of November 25, 2020, for the award of a 30 percent rating for dermatitis and psoriasis.
- Partly granted
The Board granted the restoration of a 20 percent rating for cervical strain from October 1, 2024, and denied compensable ratings for bilateral hearing loss, scars on both knees, upper extremity radiculopathies, and service connection for wrist disorders.
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