The Board denied the appellant's claims for service connection for the cause of the veteran's death and for DIC benefits under the provisions of 38 U.S.C.A. § 1318, finding that there was no objective evidence of radiation exposure during service and that the veteran did not meet the eligibility criteria for DIC benefits.
The deciding factor: The Board determined that the appellant could not establish service connection for the cause of the veteran's death due to lack of objective evidence of radiation exposure. Additionally, the appellant did not meet the eligibility criteria for DIC benefits as she had never established entitlement to total VA compensation for a service-connected disability and had never filed a claim resulting in such entitlement.
- Claimed conditions
- squamous cell carcinoma of the lung, chronic obstructive pulmonary disease, postoperative squamous cell carcinoma of the floor of the mouth, lumbar disc disease, nicotine dependence, left arm disability, residuals of injuries to the left foot and ankle, residuals of an injury to the tendon on the dorsum of the left wrist, fracture of the styloid process of the right ulna
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2006
- Citation
- 0628755
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
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