The Board denied the Veteran's claim for service connection for the cause of his death and denied DIC under 38 U.S.C. § 1318, finding that he did not meet the criteria due to lack of a 10-year period of total disability rating based on service-connected disability prior to his death.
The deciding factor: The Veteran's sole service-connected condition was bilateral tinnitus rated at 10%, which is insufficient for DIC under 38 U.S.C. § 1318 and not meeting the requirement of a 10-year period of total disability rating based on service-connected disability prior to death.
- Claimed conditions
- gunshot wound to chest, Parkinson's disease, dementia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2020
- Citation
- A20015703
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.
- Dismissed
The appeal seeking entitlement to service connection for Parkinson's disease was dismissed due to the Veteran's death during the pendency of the appeal.
- Granted
The Board granted service connection for Parkinson's disease, which is presumed to have been incurred in active service due to exposure to contaminated water at Camp Lejeune.
- Granted
The Board granted an effective date of August 25, 2016 for the award of service connection for Parkinson's disease.
- Denied
The Board denied service connection for Parkinson's disease as the evidence did not support a finding that it began during or is otherwise related to active service.
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.