The Veteran's DIC benefits under 38 U.S.C. § 1318 is denied because he was not continuously rated as totally disabled for a period of at least ten years prior to his death, nor was he continuously rated as totally disabled for a period of at least five years from his date of discharge from active military service.
The deciding factor: The Veteran's cause of death was not due to willful misconduct and he had been continuously rated as totally disabled in relation to his service-connected disabilities for less than ten years prior to his death.
- Claimed conditions
- Peripheral Vascular Disease of the Right Lower Extremity, Peripheral Vascular Disease of the Left Lower Extremity, Residuals of Cold Injury to the Right Foot, Residuals of Cold Injury to the Left Foot, Residuals of Cold Injury to the Right Hand, Residuals of Cold Injury to the Left Hand, Peripheral Neuropathy of the Right Lower Extremity, Peripheral Neuropathy of the Left Lower Extremity, Peripheral Neuropathy of the Right Upper Extremity, Peripheral Neuropathy of the Left Upper Extremity, Tinnitus, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2021
- Citation
- 21010851
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 21010851.
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 bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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