The Veteran's death was not due to his own willful misconduct, and he was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling at the time of his death. However, the Veteran did not have a total rating due to a service-connected disability prior to his death.
The deciding factor: The Veteran's death was not due to a service-connected disability that had been continuously rated as totally disabling for at least 10 consecutive years immediately preceding death.
- Claimed conditions
- type II diabetes mellitus, tinnitus, diabetic peripheral neuropathy, right lower extremity, right arm shrapnel wound scar residual, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2019
- Citation
- 19119665
Veterans Law Judge
Decisions by this judge: 2,500 · 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 19119665.
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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