The Veteran's death was not due to his own willful misconduct, but the criteria for Dependency and Indemnity Compensation (DIC) under section 1318 of the U.S. Code are not met because he did not meet the requirement of having a continuous total disability rating for at least 10 years before his death.
The deciding factor: The Veteran's death was not due to service-connected disabilities, as the required period of continuous total disability rating is less than 10 years.
- Claimed conditions
- End-stage dementia, Cerebrovascular disease, Ischemic cardiomyopathy, Coronary artery disease, Buerger's disease, Posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 22, 2018
- Citation
- 18104584
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. Look up the original decision on VA.gov (opens in a new tab) using citation 18104584.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Denied
The Board denied the Veteran's request for reentrance into a VR&E program and retroactive induction for restoration of Chapter 33 (Post-9/11 GI Bill) educational assistance benefits, finding that his service-connected disabilities did not worsen to the extent that he was precluded from performing the work duties of the occupation for which he previously was found rehabilitated.
- Denied
The Veteran's claim for service connection for major depressive disorder was denied, and her request for an increased rating for PTSD was also denied. The Board found that the Veteran's symptoms did not meet the criteria for a higher disability rating.
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