The Board denied the appellant's claim for enhanced DIC under 38 U.S.C.A. § 1311(a)(2) because there was no evidence showing that the veteran had a service-connected disability rated as 100% disabling for at least eight years immediately preceding his death.
The deciding factor: The veteran did not have any service-connected disabilities prior to his death, and therefore could not meet the criteria for enhanced DIC under § 1311(a)(2).
- Claimed conditions
- multisystem organ failure, renal failure, ileus, pneumonia, disseminated Strongyloides stercoralis infection
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 16, 2004
- Citation
- 0401893
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0401893.
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.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for pneumonia, diabetic ketoacidosis (DKA), and asthma as causes of death. The evidence did not support finding that these conditions were related to his service-connected disabilities.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for hypercholesterolemia, hypertension, and pneumonia due to insufficient evidence in the record. The Veteran's current diagnoses are not supported by the medical records provided.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate VA examinations and the need for further medical opinions regarding the Veteran's chronic kidney disease.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for the cause of his death, finding that there was no evidence linking any of the immediate or contributing causes of his death to his period of active duty service. The Board also found that the PACT Act did not apply in this case as the Veteran served prior to the period when herbicide agents were presumed used.
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