The Board denied the veteran's claim for service connection for cause of death and his spouse's DIC benefits under 38 U.S.C.A. § 1318 due to a lack of evidence showing that his service-connected disabilities were continuously rated as totally disabling for at least ten years prior to his death.
The deciding factor: The veteran had ischemic heart disease with hypertension status post coronary artery bypass graft, which was rated as 100% disabling since February 1995. However, the veteran did not have a continuous rating of total disability for 10 or more years prior to his death.
- Claimed conditions
- colon cancer, ischemic heart disease with hypertension status post coronary artery bypass graft, low back disability, polycythemia, residuals of angioplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- March 24, 2005
- Citation
- 0508899
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 0508899.
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.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the cause of death and its relation to service. The Veteran's atherosclerotic cardiovascular disease and colon cancer are being evaluated for their relationship to toxic exposure during service.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
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