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COMPARISON OF 100% SCHEDULAR AND INDIVIDUAL UNEMPLOYABILITY (Cont.)

The preceding chart illustrates that on a percentage basis the vast majority of denials for service connection for cause of death involved cases in which the veteran was not schedularly evaluated 100% disabled but, rather, was receiving compensation at the permanent and total rate because of individual unemployability. This is best pointed out by the fact that while the number of veterans receiving the 100% rate by reason of unemployability makes up slightly more than 1/3 of all cases studied, it accounts for 2/3 of the DIC denials. The schedular evaluations for those elevated to 100% by reason of individual unemployability ranged from 30% to 90%. It should be noted that in the prior study under PL 93-295, veterans receiving the 100% rate because of individual unemployability were not included.

Of all the disabilities evaluated at a schedular 100% or a total evaluation by reason of unemployability, psychiatric conditions resulted in the most significant number of denials of service connection for cause of death. Denials of DIC when a psychiatric condition was present approximated 1/3 of all denials, and in those cases involving a schedular 100% evaluation at time of death the number of denials involving existing psychiatric conditons was nearly equal to the number denied for all other conditions.

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Under the redefined guidelines covering the broad discretionary power vested in rating boards pertaining to contributory causes of death, the percentage of grants in contributory causes of death rose from 35.58% of 1,274 cases in which service connection for cause of death was established in the DIC study authorized by Public Law 93-295, to 54.23% of the 1,597 allowed cases in the current Study. Grants of service-connected death due to contributory causes now represent more than one-half of the total number of allowances in DIC claims where the veteran had a service-connected permanent and total disability at time of death.

In all of the 237 cases denied, no relationship could be found between the veteran's service-connected disabilities and the cause of death. A complete breakdown of the service-connected disabilities and the corresponding causes of death in denied cases follows.

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In one-fourth of the cases denied, the veteran was age 75 or older. In more than one-half of the cases denied, the veteran was age 65 or older. Only in 22 cases, or less than 10% of the cases denied, were the veterans younger than age 50.

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