The Board denied the appellant's claims for service connection for cause of death, DIC under 38 U.S.C.A. § 1318, and basic eligibility to Dependents' Educational Assistance (DEA) due to lack of legal merit.
The deciding factor: The veteran was not rated as totally disabled at the time of his death, and therefore, none of the criteria for DIC under 38 U.S.C.A. § 1318 were met.
- Claimed conditions
- Chopart's amputation of the left foot, arteriosclerotic cardiovascular disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2006
- Citation
- 0608365
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 remanded the case to obtain missing medical records and a new medical opinion regarding the Veteran's cause of death.
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The Board has remanded the case due to insufficient evidence regarding the Veteran's National Guard service dates and their relation to his health conditions, particularly hypertension and cardiovascular disease.
- Remanded (sent back)
The Veteran's appeals for increased ratings, service connection, and TDIU are being remanded due to the need for additional medical examinations and development of his claims.
- Remanded (sent back)
The Veteran's death was caused by cardiopulmonary arrest and arteriosclerotic cardiovascular disease, which are subject to presumptive service connection for Veterans exposed to herbicide agents. The Board has ordered a remand to determine if the Veteran was exposed to herbicide agents during his service.
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