The Board denied the veteran's claims for service connection for respiratory disorders and for the cause of his death. The decision found that even if service connection was granted, it would not have been effective before the date of the veteran's death due to a two-year limitation on accrued benefits. Additionally, the appellant did not meet the eligibility requirements as a surviving child for DIC benefits.
The deciding factor: The veteran's claim for service connection and his cause of death were denied because the effective date of any award would have been prior to the date of his death, which is subject to a two-year limitation on accrued benefits. The appellant also did not meet the eligibility requirements as a surviving child for DIC benefits.
- Claimed conditions
- respiratory disorders
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2006
- Citation
- 0627487
Veterans Law Judge
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0627487.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's respiratory disabilities, including COPD and emphysema. The AOJ is instructed to obtain new VA medical opinions that consider all relevant exposure events during service.
- Granted
The Veteran's TDIU and SMC based on housebound status are granted due to his service-connected disabilities, including diabetes, peripheral neuropathy, PTSD, and other conditions.
- Remanded (sent back)
The Board has denied service connection for respiratory disorders, to include COPD and asthma, as well as obstructive sleep apnea. The case is remanded for further development regarding the etiology of these conditions.
- Granted
The Veteran's current respiratory disorders, including emphysema, pulmonary thromboembolism, chronic thromboembolic pulmonary hypertension, and COPD, are at least as likely as not related to the diagnosed thrombophlebitis and peripheral vascular disease (PVD) during service. As a result, the Board has granted service connection for these conditions.
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