The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.
The deciding factor: The Veteran's disabilities were not rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding his death.
- Claimed conditions
- mood disorder, lumbosacral strain with degenerative disc disease, chondromalacia of the right knee, chondromalacia of the left knee, right ankle strain, left ankle strain, fracture of the left radial head with elbow arthralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- November 21, 2024
- Citation
- A24077231
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 A24077231.
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 Board has remanded several service connection claims due to the need for additional medical records and examinations.,Service connection is denied for tinnitus.
- Denied
The Board denied the Veteran's claims for service connection for right ankle strain and right foot condition, finding no current disability related to service.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease, headaches, an acquired psychiatric disorder (other specified trauma and stressor related disorder and PTSD), and Parkinson's disease. The conditions are presumed to be due to exposure in service.,Service connection is established for all four claimed conditions.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy affecting the sciatic nerve, effective January 12, 2024. Attorney fees are eligible based on past due benefits awarded in this decision.
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