The Board denied the Appellant's claims for non-service-connected death pension benefits and DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing a total disability rating before or at the time of the Veteran's death, as well as other legal requirements not being met.
The deciding factor: The criteria for entitlement to DIC pursuant to 38 U.S.C.A. § 1318 have not been met because the Veteran was not rated by VA as totally disabled continuously before his death or due to a service-connected disability, and no CUE in previous decisions is shown.
- Claimed conditions
- tendinitis of the left shoulder, phlebitis of the left cephalic vein
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 22, 2014
- Citation
- 1432692
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 1432692.
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: Dismissed
The Board has dismissed the appeal due to a withdrawal by the appellant's attorney prior to the promulgation of a decision.
- Whole decision: Remanded (sent back)
The Board previously denied a claim for an increased rating for left shoulder tendinitis. The Veteran appealed, and the Court granted a Joint Motion for Remand (JMR), directing the Board to remand the case due to lack of recent VA treatment records and need for a new examination.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and medical examinations to assess the current severity of his service-connected knee, ankle, low back, and left shoulder disabilities.
- Whole decision: Denied
The Veteran's claim for an increased evaluation for his left shoulder disability was denied. The Board found that the evidence did not meet the criteria for a rating greater than 20 percent prior to February 26, 2009 and did not meet the criteria for a rating greater than 30 percent beginning February 26, 2009.
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.