Can VA deny DIC even when the veteran was 100% disabled?

Details

• For cause-of-death (§ 1310) claims, 38 CFR § 3.312 requires VA to trace the actual medical cause(s) of death to a service-connected condition — a high rating percentage alone does not establish that link.
• For § 1318 claims, the total rating must have existed continuously for at least 10 years before death, or since discharge and for at least 5 years before death, or for 1 year before death for a former POW — a veteran rated 100% for a shorter period generally will not qualify under this basis.
• This is one of the most common points of confusion in DIC claims, and one reason denials on this issue are frequently appealed with additional medical evidence or legal argument.
• A survivor whose claim was denied on this basis may still have options, including a supplemental claim with new medical evidence or a Board appeal.