The Board has determined that the veteran's death was not caused by a service-connected disability, and therefore denied his claims for DIC under 38 U.S.C.A. § 1318 and DEA eligibility.
The deciding factor: The cause of the veteran's death (anoxic brain injury) was not found to be related to any service-connected condition or due to exposure to a presumptive disease or toxin.
- Claimed conditions
- Gout, Degenerative Arthritis of the Spine, Tendonitis of the Right Elbow and Right Shoulder, Hemorrhoids, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2006
- Citation
- 0602063
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.
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The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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