The Board denied service connection for the cause of death and denied dependency and indemnity compensation (DIC) under 38 U.S.C.A. § 1318 due to lack of evidence showing a service-connected disability was the primary or contributory cause of death, and because no service-connected disability was continuously rated totally disabling for at least ten years prior to death.
The deciding factor: The Board found that the veteran's service-connected thrombosis of the right saphenous vein was not the primary or a contributory cause of his death. The causes of death were respiratory failure, heart disease, and aspiration pneumonia, none of which are related to service or any aspect thereof.
- Claimed conditions
- respiratory failure, heart disease, aspiration pneumonia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 22, 2006
- Citation
- 0608216
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 remands the claim for a medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
- Remanded (sent back)
The Board remands the claims for service connection for an eye condition, hearing loss, heart disease, arthritis, and diabetes due to a regulatory duty to assist error.
- Denied
The Board denied service connection for ischemic heart disease, heart disease, and congestive heart failure as not being related to the Veteran's active service. The Board also denied an earlier effective date for a total disability rating based on individual unemployability.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
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