The Board denied the appellant's claims for service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1318 due to lack of entitlement under the law.
The deciding factor: The claim was denied based on a lack of entitlement under the law, specifically because the Internal Revenue Service Restructuring and Reform Act of 1998 prohibited service connection for death or disability resulting from an injury or disability due to inservice use of tobacco products by a veteran. The veteran's death was also not determined to be service-connected.
- Claimed conditions
- gastric carcinoma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2001
- Citation
- 0103876
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 0103876.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.