The Veteran's death was not due to willful misconduct, but he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as his service-connected disabilities were not rated at 100% disabling for a period of 10 or more years prior to his death and he was not in receipt of compensation due to one of the reasons listed in 38 C.F.R. § 3.22(b). The cause of death is remanded, as well as the DIC benefits under 38 U.S.C. § 1151 claim.
The deciding factor: The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 due to his service-connected disabilities not being rated at 100% disabling for a period of 10 or more years prior to his death and he was not in receipt of compensation due to one of the reasons listed in 38 C.F.R. § 3.22(b).
- Claimed conditions
- Acquired psychiatric disorder, Coronary artery disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2019
- Citation
- 19116845
Veterans Law Judge
Decisions by this judge: 1,948 · Granted: 29% (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 19116845.
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.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
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