The Veteran's cause of death was listed as heart failure and COPD. The Board has determined that the criteria for DIC under 38 U.S.C. § 1318 have not been met, and the claim is denied as a matter of law due to lack of total disability rating for at least 10 years immediately preceding his death.
The deciding factor: The Veteran was rated as totally disabled but did not meet the requirement of having a continuous period of at least 10 years of total disability rating immediately preceding his death.
- Claimed conditions
- Heart failure, Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2021
- Citation
- A21017742
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 A21017742.
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 the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Denied
The Board denied the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
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