The veteran's death was caused by emphysema, but he had a total disability rating for COPD from September 1993 until his death in November 1999. Since the veteran did not have a ten-year period of total service-connected disability prior to his death, DIC benefits cannot be awarded under 38 U.S.C.A. § 1318.
The deciding factor: The veteran was rated as totally disabled for COPD from September 1993 until his death in November 1999, but he did not have a ten-year period of total service-connected disability prior to his death.
- Claimed conditions
- COPD (Chronic Obstructive Pulmonary Disease), Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 27, 2005
- Citation
- 0502032
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 0502032.
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.
- Granted
The Veteran is granted special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities.
- Granted
The Board granted service connection for bilateral hearing loss, ischemic heart disease (IHD), percutaneous coronary intervention (PCI) with stent placement as secondary to IHD, hypertensive heart disease, and emphysema. The COPD claim was denied.
- Partly granted
The Board granted service connection for COPD and emphysema as secondary to the Veteran's service-connected disabilities, resolving reasonable doubt in favor of the Veteran.
- Denied
The Board denied service connection for mantle cell lymphoma, emphysema, diabetes mellitus, Type II, bilateral foot neuropathy, and an acquired psychiatric disorder, including PTSD and antisocial personality disorder.
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