The Board found that the veteran's death was not a result of VA carelessness, negligence, or error. Therefore, DIC benefits under 38 U.S.C.A. § 1151 are denied.
The deciding factor: The veteran died from respiratory failure due to right lower lobe bronchopneumonia, which was not caused by VA medical treatment.
- Claimed conditions
- Respiratory failure, Right lower lobe bronchopneumonia, Malnutrition, Chronic obstructive pulmonary disease, Old myocardial infarction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2008
- Citation
- 0809430
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 0809430.
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 the Veteran's claim for service connection for cause of death, finding that there is no competent evidence linking any principal or contributory cause of his death to his service.
- Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Granted
The Veteran's service-connected disabilities, including Loss of Use of Both Feet with Sciatic and Femoral Nerve Diabetic Peripheral Neuropathy, have resulted in the permanent loss of use of both feet. The Board has determined that this meets the criteria for financial assistance in purchasing an automobile and adaptive equipment.
- Dismissed
Your appeal for service connection of chronic obstructive pulmonary disease has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.
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