The appeal was denied for DIC benefits under 38 U.S.C. § 1318, but the claim for service connection for the Veteran's cause of death was reopened due to new and material evidence.
The deciding factor: The decision was based on the lack of a total disability rating for at least 10 years preceding the Veteran's death and the denial of accrued benefits due to no new and material evidence being submitted within one year of the Veteran's death.
- Claimed conditions
- Ischemic heart disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004030
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
- Partly granted
The Board granted service connection for diabetes mellitus type II, ischemic heart disease, and hypertension from August 10, 2022, under the PACT Act. The claim for a thyroid disability was denied.
- Remanded (sent back)
The Board remands the case to request a medical opinion on whether service-connected hypertension or ischemic heart disease was a principal or contributory cause of the Veteran's death.
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