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 assigned
- 100%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0114327.
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- 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.
- 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.
- 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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