The Veteran's death was not due to his own willful misconduct and he had a service-connected disability rated totally disabling 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 in receipt of or entitled to receive compensation for service-connected disability rated totally disabling continuously for at least 10 years prior to his death.,The Veteran's cause of death was recorded as myocardial infarction and coronary artery disease, with multi-infarct dementia noted as a significant condition contributing to the death. The appellant contends that the Veteran's service-connected disabilities caused or contributed substantially to his death.
The deciding factor: The Veteran did not meet the statutory requirements for DIC benefits under 38 U.S.C. § 1318, specifically he was not in receipt of compensation for a service-connected disability rated totally disabling continuously for at least 10 years prior to his death.
- Claimed conditions
- right ankle ankylosis with degenerative changes, left knee ligament instability, left knee degenerative joint disease with limitation of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2022
- Citation
- 22009040
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 22009040.
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 Veteran's appeal is remanded for further development and consideration of his claims, including obtaining private medical records related to his bilateral knee surgeries.
- Remanded (sent back)
The Board has determined that additional evidence is needed to properly evaluate the Veteran's claims for increased ratings and TDIU, including updated VA examinations and Social Security Administration (SSA) records.
- Remanded (sent back)
The Board has determined that additional development is necessary due to new evidence submitted by the veteran and a need for a VA examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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