The Board denied the appellant's claim for DIC benefits based on service connection for the cause of her husband's death, stating that his death was due to service-connected heart and lung disabilities which were attributed to tobacco use. As the date of his death is subsequent to the change in law prohibiting such benefits, she is precluded from receiving DIC benefits.
The deciding factor: The appellant could not receive DIC benefits because her claim for compensation based on service connection for the cause of her husband's death was filed after June 9, 1998, when the prohibition against awarding such benefits due to tobacco use took effect.
- Claimed conditions
- heart and lung disabilities
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 2, 2003
- Citation
- 0322437
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 0322437.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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