The Veteran's death was caused by an accidental acute tramadol intoxication, which is related to his service-connected lumbar spine disability. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been continuously rated totally disabled for at least five years immediately prior to death.
The deciding factor: The Veteran's cause of death was due to an accidental overdose of a medication prescribed for his service-connected lumbar spine disability, but the Veteran did not meet the statutory requirement of having been continuously rated totally disabled for at least five years prior to death.
- Claimed conditions
- major depression, migraine headaches, chronic bronchitis, lumbar intervertebral disc syndrome, radiculopathy of the right lower extremity, scar on the lower back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 11, 2011
- Citation
- 1125940
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 1125940.
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 remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Whole decision: Granted
The Veteran's migraine headaches are productive of very frequent, completely prostrating and prolonged attacks capable of producing severe economic inadaptability. The Board has granted a 50 percent disability rating for the Veteran's service-connected migraine headaches.
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