The claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran was not rated totally disabled at any point, and the death certificate lists sepsis as the immediate cause of death.
The deciding factor: The Veteran did not have a total disability rating at any time before his death, which is required for DIC under 38 U.S.C. § 1318.
- Claimed conditions
- Sepsis, Cardiac Arrest, AIDS
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2018
- Citation
- 18110856
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 18110856.
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.
- Remanded (sent back)
The Veteran's death was caused by his conditions (Ventricular Fibrillation, Cardiac Arrest, and Heart Failure), which the Board finds may have been exacerbated or worsened due to VA treatment. The Board is remanding the case for a new medical opinion to determine if VA negligence contributed to the Veteran's death.
- Remanded (sent back)
The Board has granted the appellant's petition to readjudicate her claim for service connection for cause of the Veteran's death due to new and relevant evidence. However, the case is remanded as the AOJ must consider the merits of the claim on its own.
- Denied
The Veteran's death was not caused by any service-connected disability, and there is no evidence of a presumptive relationship to herbicide exposure. The Board denied the claim for service connection for the cause of death.
- Granted
The Board has determined that the Veteran's death was due to VA carelessness, negligence, or lack of proper skill in not administering prophylactic antibiotics prior to his dental extractions. As a result, DIC benefits are granted.
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