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 insufficient evidence.
The deciding factor: The Veteran's death did not result from his own willful misconduct, and he was receiving compensation for service-connected disability rated as totally disabling continuously since release from active duty.
- Claimed conditions
- residuals of craniotomy for brain cyst, defective hearing, labyrinthine imbalance, status post multiple lacunar infarcts with left facial nerve neuralgia and left lid closure, hemiplegia, left upper extremity, hemiplegia, left lower extremity, tinnitus, loss of smell, tonsillectomy, loss of taste, surgical scar, midline posterior skull
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 11, 2019
- Citation
- 19127755
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 19127755.
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.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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