The veteran's death was not due to his own willful misconduct, and he had service-connected disabilities that were rated as totally disabling for a continuous period of at least one year immediately preceding his death. However, the claim is denied because the veteran did not meet the requirement of having been continuously rated totally disabled by VA for 10 years or more immediately preceding his death.
The deciding factor: The veteran's combined disability rating was 100% effective from May 1998, but he had not been in receipt of a 100% schedular evaluation or total disability based on individual unemployability for the requisite period of time set forth in 38 U.S.C.A. § 1318.
- Claimed conditions
- esophageal cancer, post traumatic stress disorder with major depression and nicotine dependence, chronic obstructive pulmonary disease, diabetes with hypertension and atherosclerotic cardiovascular disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 25, 2007
- Citation
- 0722767
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 0722767.
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.
- Granted
The Board has granted service connection for the cause of death due to esophageal cancer, which is presumed to be related to exposure to herbicide agents during service in Vietnam.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's prostate disability. The claims for esophageal cancer and Barrett's esophagus remain denied.
- Remanded (sent back)
The Board has determined that the AOJ committed pre-decisional duty to notify and duty to assist errors in denying the DIC claim for the cause of the Veteran's death. The claim must be remanded to allow the AOJ to make a finding regarding whether the Appellant is considered the surviving spouse, as this is a threshold requirement for DIC benefits.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
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