The veteran died from heart failure due to a heart attack. At the time of his death, he had service-connected disabilities including PTSD, splenectomy, limitation of motion of the left ankle, hiatal hernia, tennis elbow on the right, tinnitus, and hearing loss. However, none of these conditions were rated as 100% disabling for at least ten years prior to his death or continuously rated as totally disabled for five years after discharge from service.
The deciding factor: The veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 because he was not in receipt of a total disability rating for the required period (ten years prior to his death or continuously rated as totally disabled for five years after discharge from service).
- Claimed conditions
- heart failure, heart attack/myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2004
- Citation
- 0423172
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 0423172.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for diabetes, hypertension, coronary artery disease, and heart failure have been granted on a presumptive basis due to exposure to herbicide agents during service. The claim for glaucoma has been denied as not related to service-connected conditions or in-service herbicide agent exposure.,Service connection for heart failure is granted secondary to service-connected coronary artery disease.
- Dismissed
The Veteran's appeal seeking an effective date prior to January 23, 2014, for the assignment of a total disability rating based on individual unemployability (TDIU) is dismissed due to his death.
- Remanded (sent back)
The Board has granted service connection for bilateral hearing loss and tinnitus. The remaining claims of service connection for hypertension, kidney disease, COPD, heart failure, atrial fibrillation, stroke, vertigo, and an acquired psychiatric disorder are remanded due to duty-to-assist errors.
- Remanded (sent back)
The Veteran's claim for service connection for coronary artery disease is remanded due to the need for a medical opinion regarding exposure to burn pits during his military service.
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