The Board has denied DIC benefits under 38 U.S.C. § 1318 due to the Veteran not meeting the criteria for total disability for ten years prior to death or continuously since active duty and at least five years before death. The appeal is also remanded for further review of service connection for the cause of the Veteran's death.
The deciding factor: The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not continuously rated totally disabled for a period of ten years prior to his death, or died within five years of discharge from service.
- Claimed conditions
- Respiratory acidosis, Respiratory failure, Metabolic encephalopathy of unknown etiology, Chronic obstructive pulmonary disease (COPD), Asbestosis, Coronary artery disease, Chronic renal insufficiency
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179252
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 19179252.
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.
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- Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Denied
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