The Board denied entitlement to accrued benefits and DIC benefits under 38 U.S.C. § 1318 because the Veteran did not meet the statutory requirements. The Board remanded entitlement to service connection for cause of death and survivor's pension benefits to obtain a medical opinion on whether the Veteran's service-connected PTSD aggravated his sleep apnea.
The deciding factor: The Board found no accrued benefits were pending at death as the appellant elected substitution rather than accrual basis, the Veteran's psychiatric disability rating of 70 percent did not meet the durational requirements for DIC under 38 U.S.C. § 1318, and remand was necessary to obtain a complete medical opinion addressing whether PTSD aggravated the sleep apnea that may have contributed to the Veteran's death.
- Claimed conditions
- Psychiatric disability (PTSD), Sleep apnea, Hearing loss, Tinnitus, Headaches, Cardiovascular disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 1, 2025
- Citation
- A25084804
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.