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
- Not verified here — check the original 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 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 19152013.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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