The veteran's death was not eligible for VA DIC and death pension benefits as the appellant did not meet the eligibility criteria. The appellant is also not entitled to accrued benefits.
The deciding factor: The appellant and the veteran were married more than 15 years after the veteran's separation from active service, they were not married for one year prior to his death under Virginia law, and there were no children born between them either before or after their marriage.
- Claimed conditions
- Congestive heart failure, Pulmonary hypertension, Concentric ventricular hypertrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 18, 2008
- Citation
- 0805584
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. Search VA.gov for the original decision (opens in a new tab) using citation 0805584.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for service connection for heart condition was granted with an effective date of August 1, 2019. The decision is based on evidence showing exposure to diesel and gas fuel during service.
- Whole decision: Granted
The Veteran is granted SMC at the (r)(1) rate due to his service-connected major depressive disorder and congestive heart failure, which require regular aid and attendance.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's heart conditions may be related to his service-connected sleep apnea and/or generalized anxiety disorder, but further examination is needed to determine causation.
- Whole decision: Granted
The Veteran's coronary artery disease (CAD) is related to his service-connected hypertension, and the Board has granted service connection for CAD as secondary to hypertension.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.