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
Veterans Law Judge
Decisions by this judge: 1,446 · Granted: 21% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19127704.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has determined that the Veteran's left hip degenerative arthritis is secondary to his service-connected right total hip replacement and grants this claim.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal as to the issues of entitlement to increased disability ratings for left foot metatarsalgia, tinnitus, left wrist disability, right foot plantar warts, and for service connection for right foot plantar warts at a September 2024 hearing. Service connection was granted for migraines.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment, leading to a TDIU rating.
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