The Veteran's service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318, as he was not continuously rated totally disabled for a period of at least 10 years prior to his death.
The deciding factor: The Veteran had bilateral hearing loss and contusion of the sacro-spinalis muscle that were rated as 70 percent disabling from May 30, 2006. However, these disabilities did not meet the requirement of being continuously rated totally disabling for a period of at least 10 years prior to his death.
- Claimed conditions
- bilateral hearing loss, contusion of the sacro-spinalis muscle, diabetes mellitus, acute myocardial infarction, congestive heart failure, urinary tract infection, dysphagia, aspiration pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 6, 2015
- Citation
- 1542846
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 1542846.
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 Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Whole decision: Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- 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 decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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