The Veteran's death was not eligible for DIC benefits under Section 1318 because he did not meet the criteria of having a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death.
The deciding factor: The Veteran had a total disability rating based on individual unemployability, but it was effective October 16, 2001 and lasted less than 10 years before his death in October 2010.
- Claimed conditions
- larynx cancer, right hand disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 7, 2014
- Citation
- 1420509
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 1420509.
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: Granted
The Veteran's claims for service connection for headaches, right hand disorder, and right hip disorder are granted. The claim for an initial rating in excess of 70 percent for PTSD is denied.
- Whole decision: Remanded (sent back)
The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors and remand the case for further action.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to outstanding VA and private treatment records, as well as additional VA examinations and opinions.
- Whole decision: Granted
The Veteran's tinnitus was granted service connection. The Board also remanded cases for right foot, left foot, right hand, headaches (migraine), and right shoulder disorders due to duty-to-assist errors.
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