The appeal for DIC benefits under 38 U.S.C. § 1318 is denied because the Veteran was not evaluated as totally disabled for a continuous period of at least 10 years immediately preceding death. The appeal for service connection for the cause of the Veteran's death is remanded due to missing medical records.
The deciding factor: The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not evaluated by VA as totally disabled for a continuous period of at least 10 years immediately preceding his death.
- Claimed conditions
- instability and arthritis of the right knee, degenerative arthritis of the left knee, residuals of right tibia fracture, degenerative disc disease of the lumbar spine, right hip degenerative arthritis, left hip degenerative arthritis, left knee instability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2019
- Citation
- 19127704
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 Board dismissed the appeal for service connection for bilateral knee instability and denied service connection for right and left knee instability, finding no nexus between the Veteran's knee conditions and his service or service-connected disabilities.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for a thoracolumbar spine disorder and bilateral knee disorders due to the need for additional VA examinations.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right ankle, bilateral hip conditions and entitlement to specially adapted housing or special home adaptation grant as there is insufficient evidence to determine if the Veteran's pre-existing conditions were aggravated during his period of ACDUTRA.
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.