The Veteran's death was not due to a service-connected disability that had been continuously rated totally disabling for at least ten years immediately preceding his death, or within five years of his discharge from active duty. Therefore, DIC benefits under 38 U.S.C. § 1318 are denied.
The deciding factor: The Veteran's TDIU rating was not in place for a period of 10 years or more immediately before his death and did not meet the criteria for DIC under section 1318(b)(2).
- Claimed conditions
- posttraumatic stress disorder (PTSD), bilateral hearing loss, tinnitus, right and left lower extremity radiculopathy, shell fragment wound, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2024
- Citation
- A24077484
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 A24077484.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
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