The Veteran's death was not due to his own willful misconduct and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.,VA treatment from October to December 1996 is not considered the proximate cause of the Veteran's death, as ARDS was caused by a community-acquired infection rather than VA treatment.
The deciding factor: The Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 because he did not have service-connected disabilities rated totally disabling for at least ten years immediately preceding death or continuously rated totally disabling for a period of five years from separation from service.
- Claimed conditions
- Anxiety neurosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 12, 2016
- Citation
- 1601185
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 1601185.
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: Denied
The Board denied service connection for anxiety neurosis and personality disorder on a direct basis, finding no relationship between the current condition and the nonratable personality disorder diagnosed during service.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for anxiety neurosis was denied in 1973, and the denial is not considered clear and unmistakable error. The claim for PTSD has been reopened due to new evidence received since 1984, but service connection remains unresolved.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and his psychiatric and heart conditions. The VA is required to obtain relevant medical records, including those from VA facilities and private doctors, and provide opinions on whether these conditions are related to service.
- Whole decision: Remanded (sent back)
The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and development of his service stressor allegations.
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