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
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0502032.
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Related decisions
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The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
- Denied
The Board denied the Veteran's claim of service connection for a respiratory disorder, including claims related to asbestos exposure and claimed ionizing radiation exposure. The evidence did not support a link between any in-service exposures and the current diagnoses.
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