The Veteran's death was not service connected, and the claim for DIC benefits under 38 U.S.C. § 1318 is denied because the Veteran did not meet the eligibility requirements with a 100% disability rating for at least 10 years immediately preceding his death.
The deciding factor: The Veteran's eligibility for DIC benefits was denied due to not meeting the basic eligibility requirements under 38 U.S.C. § 1318, specifically having less than a continuous period of 10 years of service-connected disability rated as 100% prior to death.
- Claimed conditions
- bilateral hearing loss, adenocarcinoma of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2022
- Citation
- 22066047
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 22066047.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the Veteran's bilateral hearing loss claim, specifically needing an addendum opinion from a VA examiner. The Veteran will be asked to provide any missing records and former employers' information.
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