The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the durational requirements for a total disability rating, and also because he was not a former POW at the time of his death. The appeal is remanded as there is insufficient evidence regarding the cause of the Veteran's death.
The deciding factor: The Board found that the Veteran did not meet the durational requirements for a total disability rating under 38 U.S.C. § 1318, and also because he was not a former POW at the time of his death.
- Claimed conditions
- right foot injury with severe muscle damage, amputation of the right 5th toe with removal of the metatarsal head, left anterior quadriceps loss, a scar of the left knee due to a knife wound with limitation of motion, a scalp laceration scar, a left anterior thigh scar, a scar of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2018
- Citation
- 18121164
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 18121164.
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 service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to October 5, 2016. The Board granted TDIU based on this finding.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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