The Board denied the appellant's claim for service connection for the cause of her husband's death due to lack of legal entitlement under applicable laws and regulations. The burial expenses paid by the appellant were not deductible from her income as they were paid after the veteran's death but before she received pension benefits.
The deciding factor: The law disposes of the claim, as it is not legally entitled to the benefit sought.
- Claimed conditions
- sudden coronary occlusion, arteriosclerotic cardiovascular disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2000
- Citation
- 0005566
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 0005566.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remanded the case to obtain missing medical records and a new medical opinion regarding the Veteran's cause of death.
- Dismissed
The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. No one has requested substitution for the Veteran.
- Remanded (sent back)
The Board has remanded the claims for an effective date prior to March 16, 2021 for service connection of arteriosclerotic cardiovascular disease and ratings for amputation of middle or lower thirds of the right leg and arteriosclerotic cardiovascular disease. The TDIU claim is also remanded.
- Granted
The Veteran's death was due to severe occlusive coronary artery disease, which is presumed to be caused by exposure to herbicide agents. The appellant filed a claim for DIC benefits within one year of the Veteran's death and was found eligible as a Nehmer class member. However, her remarriage in 2014 rendered her ineligible for recognition as the surviving spouse from that date onwards.
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