The Veteran's death was not recognized for DIC and death pension benefits due to the marriage occurring too late. The appellant is being remanded to clarify whether she wishes to proceed as a substitute party or solely for accrued benefits purposes.
The deciding factor: The marriage between the Veteran and the appellant occurred more than one year after the Veteran's separation from active service, which disqualifies them from receiving DIC and death pension benefits.
- Claimed conditions
- tinnitus, hearing loss, degenerative joint disease of the tibia/fibula, osteoarthritis of the bilateral ankles, left knee degenerative arthritis, varicose veins of the bilateral lower extremities, hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2022
- Citation
- 22035231
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 22035231.
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 has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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