The Board denied the appellant's claim for DIC under 38 U.S.C.A. § 1318 based on hypothetical entitlement, as such claims are excluded from consideration.
The deciding factor: VA regulations prohibit 'hypothetical' determinations in cases where a veteran is not entitled to benefits due to lack of service-connected disability or unemployability during his lifetime.
- Claimed conditions
- heart disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2006
- Citation
- 0640305
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 0640305.
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.
- Denied
The Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board granted service connection for hypothyroidism, DVT, and a heart disability as secondary to residuals of acute renal failure. The claim for an initial compensable rating for acute hepatocellular necrosis was denied.
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