The Board denied the claim for DIC under 38 U.S.C.A. § 1318 because the veteran was not rated totally disabled for a continuous period of at least ten years prior to his death.
The deciding factor: The veteran's death certificate showed he died from hepatic insufficiency secondary to liver cirrhosis, but he had never been service-connected for any disability and did not meet the criteria for DIC under 38 U.S.C.A. § 1318.
- Claimed conditions
- hepatic insufficiency, liver cirrhosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 21, 2005
- Citation
- 0501597
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0501597.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for service connection for back disability, gastrointestinal condition, gynecomastia, kidney lesion, and liver cirrhosis due to lack of evidence linking these conditions to his military service. The case is remanded for further development.
- Whole decision: Dismissed
Your appeal has been dismissed due to the Veteran's death. The claims for service connection on all listed conditions are not before the Board.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error that occurred prior to the rating decision on appeal. The Veteran's fatty liver disease, post-liver transplant, is being remanded for an addendum opinion addressing the etiology of his liver disorders before and after his liver transplant.
- Whole decision: Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the claim for DIC. The AOJ will now review the case in light of all available evidence.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.