The claim for service connection for the cause of the Veteran's death is being remanded due to new evidence suggesting a possible link between his service-connected conditions and his death.,The petition to reopen the DIC under 38 U.S.C. § 1318 was denied as there were no established facts showing any of the requirements had been met at the time of the Veteran's death.,Accrued benefits are being denied due to lack of evidence showing a pending claim or entitlement at the time of the Veteran's death.,Nonservice-connected death pension benefits are being denied because the Veteran did not serve in the Republic of Vietnam.
The deciding factor: The new evidence received suggests that the cause of the Veteran's death may be related to his service-connected conditions, but further medical opinion is needed to determine if these conditions caused or contributed substantially to his death.,There was no evidence showing any of the requirements for DIC under 38 U.S.C. § 1318 had been met at the time of the Veteran's death.,The appellant did not submit a NOD in response to the September 2015 decision regarding accrued benefits, and there is no pending claim or entitlement showing at the time of the Veteran's death.,The Veteran did not serve in the Republic of Vietnam, thus he does not meet the service requirement for nonservice-connected death pension benefits.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Mandibular fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2019
- Citation
- 19150399
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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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