The Veteran's cause of death (dementia) is not service-connected, and the appellant's claim for DIC benefits under 38 U.S.C. § 1318 is denied due to lack of continuous total disability rating.
The deciding factor: The Veteran died from dementia without any contributory causes listed on his death certificate. The VA medical opinion stated that major depressive disorder did not cause the dementia, and there was no evidence linking the dementia to service-connected conditions or exposure to Agent Orange. Additionally, the Veteran did not meet the requirements for DIC benefits under 38 U.S.C. § 1318 as he was not continuously rated totally disabled for a period of at least five years prior to his death.
- Claimed conditions
- Dementia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- A19002027
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of the Veteran's death and entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 due to duty to assist errors, including the need for a medical opinion regarding the etiology of the Veteran's causes of death.
- Partly granted
The Board granted service connection for insomnia and remanded the claim for obstructive sleep apnea. All other claims for service connection were denied.
- Remanded (sent back)
The Board remands the claim for service connection of the Veteran's cause of death due to unclear dates of active duty, ACDUTRA, and INACDUTRA service.
- Partly granted
The Board granted eligibility for attorney fees based on the past-due benefits awarded in October 2022, including a 100 percent rating for PTSD and related conditions, but denied such fees for other benefits.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.