The Board denied the surviving spouse's claim for Dependency and Indemnity Compensation because the Veteran was not rated totally disabled for the required periods under 38 U.S.C. § 1318, with a peak combined disability rating of 80 percent. The Board remanded three issues: entitlement to survivor's pension benefits, entitlement to TDIU based on a pending March 2020 Supplemental Claim, and entitlement to service connection for cause of death, requiring a new VA medical opinion addressing the interplay between the Veteran's ischemic heart disease, hypertension, COPD, and herbicide exposure under PACT Act provisions.
The deciding factor: The Veteran's 80 percent combined disability rating from April 2019 did not meet the DIC eligibility requirements of continuous total disability for 10 years before death or 5 years since service separation, and remand was necessary because VA failed to adjudicate pending claims in the first instance and because existing medical opinions inadequately addressed the PACT Act's presumption of herbicide-related hypertension and its potential contributory role in the Veteran's death from COPD.
- Claimed conditions
- PTSD, dysthymic disorder, diabetes mellitus type II, bilateral lower extremity sciatic nerve diabetic peripheral neuropathy, residuals of prostate cancer, erectile dysfunction, COPD, hypertension, ischemic heart disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- 80%
- Decision date
- April 1, 2025
- Citation
- A25029817
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 Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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