The Veteran's death was not due to willful misconduct, and he was receiving compensation for a service-connected disability at the time of his death. However, he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not continuously rated as totally disabled for ten years immediately preceding his death.
The deciding factor: The Veteran's combined evaluation prior to April 18, 2014, and after TDIU was granted did not meet the criteria of being continuously rated as totally disabled for a period of at least ten years immediately preceding his death.
- Claimed conditions
- Congestive heart failure, Ischemic cardiomyopathy, Coronary artery disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2021
- Citation
- 21066013
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 21066013.
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.
- 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.
- Granted
The Veteran's service-connected acquired psychiatric disability, ischemic cardiomyopathy, and other disabilities have rendered him unable to secure and follow a substantially gainful occupation since December 29, 2020. Effective from that date, the Veteran is granted TDIU and SMC housebound.
- Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
- Granted
The Veteran's service-connected PTSD has prevented him from securing or following substantially gainful employment since September 27, 2010. Additionally, he is in receipt of a 60 percent disability rating for coronary artery disease, which meets the criteria for SMC at the housebound rate.
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