The veteran's service-connected disabilities did not substantially or materially contribute to his death, and the preponderance of evidence does not support a finding that any other disability was a cause of his death. The claim for DIC under 38 U.S.C.A. § 1318 is also denied as there is no evidence showing the veteran would have been entitled to a 100% rating but for CUE in a final decision.
The deciding factor: The preponderance of the evidence does not support a finding that any service-connected disability was a cause of death, and the appellant has not shown hypothetical entitlement under 38 U.S.C.A. § 1318(b)(3).
- Claimed conditions
- Chronic Obstructive Pulmonary Disease, Atrial Fibrillation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2001
- Citation
- 0101028
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 0101028.
What this means for you
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Related decisions
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- Granted
Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.
- Denied
The Board denied the Veteran's claims for service connection for Congestive Heart Failure with Atrial Fibrillation with AICD and Hypertension (High Blood Pressure), finding that there was no evidence of direct service connection, and that the conditions were not caused or aggravated by service-connected OSA.
- Denied
The Board denied the Veteran's claim for SMC in excess of SMC(n) based on his service-connected conditions and additional disabilities, as well as his need for aid and attendance. The appeal was dismissed.
- Granted
The Board has granted the Veteran's claims for service connection for obstructive sleep apnea and atrial fibrillation as secondary to his service-connected posttraumatic stress disorder.
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