The DIC claim is denied as the Veteran did not meet the criteria for receiving benefits under 38 U.S.C. § 1318 due to his service-connected disability not being rated totally disabling for at least 10 years prior to death and he was not a prisoner of war. The cause of death remanded for further clarification on whether service-connected conditions contributed substantially or materially to the Veteran's death.
The deciding factor: The Veteran did not meet the criteria for receiving DIC benefits under 38 U.S.C. § 1318 as his service-connected disability was not rated totally disabling for at least 10 years prior to death and he was not a prisoner of war.
- Claimed conditions
- Sinusitis, Leukemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005880
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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