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.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
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- Partly granted
The Board denied service connection for a thyroid disorder and remanded claims for lung, skin, psychiatric, and back disorders.
- Partly granted
The Board grants service connection for headaches as the evidence supports a direct link to the Veteran's active military service.
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