The Veteran's death was not the result of his own willful misconduct, and at the time of his death he was receiving compensation for service-connected disabilities that were rated as totally disabling. However, due to a finding of clear and unmistakable error (CUE) in an October 2006 rating decision, which awarded TDIU based on June 23, 2006, rather than July 1, 2005, the Veteran would have met the statutory duration requirements for DIC under 38 U.S.C. § 1318.
The deciding factor: The October 2006 rating decision incorrectly assigned an effective date of June 23, 2006, for TDIU, which was CUE as it did not consider the Veteran's last full-time employment on June 30, 2005.
- Claimed conditions
- bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 8, 2021
- Citation
- 21013147
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. Read the original VA decision (opens in a new tab) using citation 21013147.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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