The DIC claim is denied because the Veteran was not rated totally disabled for a continuous period of at least 10 years immediately preceding his death. The service connection issue is remanded due to duty to assist error.
The deciding factor: The Veteran's death did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not rated totally disabled continuously for at least 10 years immediately preceding his death.
- Claimed conditions
- loss of bilateral lower extremity, obesity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2026
- Citation
- A26040934
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 A26040934.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Remanded (sent back)
The Board has remanded the cases due to issues with the effective date for service connection and will consider new evidence submitted by the Veteran.
- Granted
The Board has granted service connection for obesity and obstructive sleep apnea as secondary to the Veteran's service-connected back, left hip, left knee and left lower extremity radiculopathy disabilities.
- Remanded (sent back)
The Board has determined that there were duty to assist errors prior to the March 2021 rating decision and remands the case for further development, including obtaining private treatment records and scheduling a VA examination.
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