The veteran's death was due to a boating accident, and he had been receiving a 100% disability rating for asbestos exposure, laryngectomy for carcinoma of the vocal cords, head, and neck area. The appellant did not meet the eligibility criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318.
The deciding factor: The veteran was not in actual receipt of a 100% disability rating for 10 consecutive years prior to his death, nor would he have been hypothetically entitled to such a rating based on service-connected disability at the time of death.
- Claimed conditions
- lung disorder, laryngectomy for carcinoma of the vocal cords, head, and neck area
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 22, 2001
- Citation
- 0114327
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 0114327.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Whole decision: Granted
The Veteran's service-connected lung disorder and anxiety and delusional disorders render her incapable of obtaining and maintaining gainful employment as of July 2, 2025. Prior to that date, the evidence does not show she was unable to secure and follow a substantially gainful occupation due solely to her service-connected disabilities.
- Whole decision: Denied
The Board denied service connection for lung, heart, and prostate disorders due to exposure to ionizing radiation in service. The claims were found not to be related to the Veteran's service.
- Whole decision: Denied
The Veteran's lung disorder was not incurred in service and no presumption of service connection applies. The Board denied the claim as there is no current showing of a lung disorder at any time during the appeal period.
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