The Board denied entitlement to Dependency and Indemnity Compensation (DIC) benefits under 38 U.S.C. § 1318, as the Veteran was not rated totally disabled for a service-connected disability for at least 10 years immediately preceding his death.
The deciding factor: The decision was based on the fact that the Veteran did not meet the statutory duration requirements for a total disability rating at the time of his death and there were no other bases to grant the claim under 38 U.S.C. § 1318.
- Claimed conditions
- Lung cancer, Heart disease, Kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2022
- Citation
- 22001814
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.
- Remanded (sent back)
The Board remands the claim for a medical opinion regarding the etiology of the Veteran's liver, lung, brain, and bone cancers in relation to his service, including exposure to contaminated water at Camp Lejeune.
- Denied
The Board denied the veteran's claims for service connection for PTSD, a kidney cyst (claimed as kidney abscess), kidney cancer, kidney disease, and benign prostatic hyperplasia due to lack of evidence supporting a link between these conditions and his military service.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Partly granted
The Board granted service connection for non-allergic rhinitis, lung nodules, prostate cancer, and diabetes mellitus due to herbicide agent exposure. The claims for an ocular disorder and kidney disease were denied.
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