What is the difference between § 1310 and § 1318 DIC?

Details

• § 1310 (cause-of-death DIC): the standard path; evaluated under 38 CFR § 3.312, looking at whether a service-connected condition was a principal or contributory cause of death.
• § 1318 (total-disability DIC): available if the veteran was rated totally disabling for a continuous period of at least 10 years immediately before death; or continuously since release from active duty and for at least 5 years immediately before death; or for at least 1 year immediately before death if the veteran was a former prisoner of war.
• § 1318 can also apply through 'clear and unmistakable error' or newly obtained service department records under 38 CFR § 3.22(b), in narrow circumstances.
• A survivor can raise both theories in the same claim; VA will grant DIC if either is established.