The Board denied the appellant's claim for DIC and death pension benefits as her marriage to the veteran was less than a year prior to his death, which is not sufficient for basic eligibility under VA regulations.
The deciding factor: The legal requirements for basic eligibility as the surviving spouse of the veteran were not met due to the short duration of their marriage (less than one year) and lack of any children from the marriage.
- Claimed conditions
- chronic bronchitis with emphysema and chronic obstructive pulmonary disease, recurrent renal calculi
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2000
- Citation
- 0001965
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. Search VA.gov for the original decision (opens in a new tab) using citation 0001965.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred on September 24, 2020, and October 8, 2020, by Flat River Family Dentistry due to lack of prior authorization from VA and the absence of a medical emergency requiring immediate treatment.
- Partly granted
The Veteran's claim for an earlier effective date for service connection of recurrent renal calculi was granted. The denial of compensation under 38 U.S.C. § 1151 for the abdominal hernia is based on a finding that it was not caused by VA care, but rather due to the Veteran's obesity and use of narcotics.,The claim for reopening service connection for papillary carcinoma of the thyroid was granted, as new evidence had been submitted.
- Partly granted
The Veteran's recurrent renal calculi was rated at 10 percent prior to May 18, 2007 and increased to 30 percent effective that date.
- Denied
The Board has determined that the veteran's recurrent renal calculi, which is manifested by recurrent stone formation requiring invasive or non-invasive procedures more than twice a year and occasional pain medication, does not meet the criteria for a rating in excess of 30 percent.
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