The veteran died of end-stage chronic obstructive pulmonary disease. The Board denied the appellant's claims for dependency and indemnity compensation under Section 1318 and eligibility for dependents' educational assistance under Chapter 35 due to lack of evidence meeting the required conditions.
The deciding factor: The medical evidence did not support the appellant's theory that medication prescribed for the service-connected back disability caused the respiratory disorder that ultimately caused the veteran's death, nor did it show a permanent and total service-connected disability at the time of his death or that the cause of the veteran's death was service-connected.
- Claimed conditions
- end-stage chronic obstructive pulmonary disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 28, 2005
- Citation
- 0502172
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (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 0502172.
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: Remanded (sent back)
The Board has determined that the Veteran's service in the Republic of Vietnam is presumed, and thus his exposure to herbicides is also presumed. The decision now requires a medical opinion regarding whether these exposures are related to his cause of death.
- Whole decision: Granted
The Board has determined that the veteran meets the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person due to his disabilities and age preventing him from caring for daily personal needs without assistance.
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