The Veteran's death was not due to his own willful misconduct, but the criteria for DIC under 38 U.S.C. § 1318 were not met as he did not meet the requirement of having a service-connected disability rated totally disabling for at least ten years immediately preceding death.
The deciding factor: The Veteran's death was not due to his own willful misconduct, but he did not have a service-connected disability rated totally disabling for at least ten years immediately preceding his death.
- Claimed conditions
- Hodgkin's disease, cavitary pulmonary tuberculosis, major depressive disorder, lumbar spine osteoarthritis, right and left lower extremity radiculopathy, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 8, 2024
- Citation
- 24011299
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. Read the original VA decision (opens in a new tab) using citation 24011299.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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