The Veteran's death was not due to service or a service-connected disability. The appeal for accrued benefits is denied as the claim was not filed within one year of his death, and there were no pending claims at the time of his death. The appeal for death pension benefits is remanded as the appellant needs to provide additional evidence such as police reports and court transcripts related to her husband's death.
The deciding factor: The Veteran died from a gunshot wound but there was no evidence linking this cause of death to service or a service-connected disability.
- Claimed conditions
- Gunshot wound
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19147548
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (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 19147548.
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.
- Denied
The Veteran's death was caused by the appellant's willful misconduct, resulting in a denial of dependency and indemnity compensation.
- Granted
The Veteran's service-connected disabilities, including his back disability and bilateral lower extremity radiculopathy, prevent him from securing and following substantially gainful employment. The Board finds that he is unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities.
- Denied
The Board found that the appellant intentionally and wrongfully caused her husband's death, preventing payment of VA benefits to her based on his death.
- Remanded (sent back)
The Board has determined that the appellant cannot be recognized as the veteran's surviving spouse for VA benefits due to a lack of continuous cohabitation. The case is being remanded for further development.
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.