The Veteran's death was not due to his own willful misconduct, but the criteria for DIC benefits under 38 U.S.C. § 1318 are not met as he did not meet the continuous total disability rating requirement.
The deciding factor: The Veteran did not have a continuous total disability rating of at least 10 years immediately preceding death or continuously rated as totally disabled since discharge for at least five years.
- Claimed conditions
- diabetes mellitus with erectile dysfunction, peripheral arterial disease of the left lower extremity, peripheral arterial disease of the right lower extremity, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 21, 2019
- Citation
- 19120365
Veterans Law Judge
Decisions by this judge: 1,429 · 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 19120365.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Dismissed
The Veteran withdrew his appeals for service connection of peripheral neuropathy in all four extremities, resulting in the dismissal of these claims.
- Granted
The Board has granted service connection for diabetes mellitus type II, coronary artery disease, and peripheral neuropathy of the bilateral upper and lower extremities due to exposure to toxic chemicals during military service. The conditions are presumed related to herbicide exposure.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.