The Board has found that the appellant's claim for DIC under 38 U.S.C. § 1318 is not warranted due to a lack of continuous total disability rating for at least 10 years prior to death and was not rated as totally disabled continuously since release from active duty. The appeal regarding service connection for cause of death has been remanded.
The deciding factor: The Veteran's mood disorder with depression may have contributed to his heart disease, atrial fibrillation, and hypertension; the lumbar spine disability may have led to obesity and hypertension; and maxillary sinusitis may have caused obstructive sleep apnea. The VA examiner’s opinion is inadequate as it only considered the Veteran's service-connected psychiatric disorder (including PTSD) and its possible contribution to his heart disease.
- Claimed conditions
- chronic left maxillary sinusitis, mood disorder with depression, chronic lumbosacral strain with degenerative disc disease, degenerative joint disease of the left ankle, arthritis of the right ankle, bilateral hearing loss, tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2019
- Citation
- 19115665
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19115665.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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