The Veteran's death was not determined to be service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 because he did not meet the criteria for a 'deceased veteran' as defined in the regulation.
The deciding factor: The Veteran died over 38 years after his discharge from service and was not rated totally disabled due to service-connected disabilities for at least 10 continuous years immediately preceding death.
- Claimed conditions
- shell fragment wound residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 4, 2014
- Citation
- 1425117
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 1425117.
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 granted TDIU with an effective date of August 21, 2020. The Veteran's erectile dysfunction is remanded for further examination and opinion.
- Whole decision: Remanded (sent back)
The Board has remanded the cases due to incomplete information and consideration of whether a TDIU should be referred for extra-schedular review. The special monthly compensation claim is also held in abeyance pending completion of these tasks.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for erectile dysfunction, to include as secondary to shell fragment wound residuals, PTSD, diabetes mellitus, and prostate cancer is being remanded due to the need for additional development of medical records.
- Whole decision: Granted
The Veteran's service-connected shell fragment wound scars of the right lower extremity with retained foreign body have been rated at 10 percent prior to October 22, 2014. The Board finds that a higher rating is not warranted for this period.
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