The Veteran's death was not due to his own willful misconduct, and he had service-connected disabilities that were rated totally disabling for a continuous period of at least one year immediately preceding death. However, the Board found that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 because he was not rated totally disabled for a continuous 10-year period prior to his death or continuously rated totally disabled for a period of at least five years from the date of discharge.
The deciding factor: The Veteran's cause of death was esophageal cancer, which is not service-connected. The Board found that he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 because his service-connected disabilities were not rated totally disabling for a continuous period of at least ten years immediately preceding death.
- Claimed conditions
- Posttraumatic stress disorder, Ischemic heart disease, Residual fracture of left ankle including traumatic arthritis, Post-operative residuals, left index finger fusion, Residual injury to the left elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2019
- Citation
- 19105573
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 Board granted an effective date of May 9, 2022, for the grant of service connection for posttraumatic stress disorder with generalized anxiety disorder, other specified depressive disorder, and alcohol use disorder.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include posttraumatic stress disorder, depression, and personality disorder, due to the need for further development of the record.
- Denied
The Board denied an increased rating higher than 70 percent for the Veteran's psychiatric disorder, finding that his symptoms did not more closely approximate total occupational and social impairment.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
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.