The Board has remanded the case for further examination and opinion regarding whether PTSD aggravated dementia, which was a contributing factor to the Veteran's death. The Veteran had service-connected disabilities but did not meet the legal criteria for DIC under 38 U.S.C. § 1318.
The deciding factor: The Board found that there is no legal basis for entitlement to DIC under the provisions of 38 U.S.C. § 1318 due to lack of a 10-year total service-connected disability rating at the time of death, and remanded for further examination regarding whether PTSD aggravated dementia.
- Claimed conditions
- bilateral hearing loss, posttraumatic stress disorder (PTSD), residuals, shell fragment wound right wrist, tinnitus, scars, healed, left hip
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19143103
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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