The Veteran's death was not due to his own willful misconduct, and he had service-connected disabilities that were rated as totally disabling for a continuous period of at least one year immediately preceding death. However, the criteria for DIC benefits under 38 U.S.C. § 1318 have not been met because the Veteran did not meet the statutory ten-year duration requirement for a 100 percent rating at the time of his death.
The deciding factor: The Veteran's service-connected disabilities were rated as totally disabling for less than 10 years immediately preceding death, and he was not in receipt of compensation for service-connected disability that had been rated as totally disabling continuously since release from active duty or for a continuous period of at least five years immediately preceding death.
- Claimed conditions
- Bilateral hearing loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2019
- Citation
- 19152013
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (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 19152013.
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 Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
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