The veteran's death was not service-connected as he did not meet the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318.
The deciding factor: The veteran had a total disability rating of less than 100 percent and was not rated totally disabled continuously for at least 10 years immediately preceding his death, nor did he have any other basis to receive DIC benefits under the provisions of 38 U.S.C.A. § 1318.
- Claimed conditions
- bronchial asthma with obstructive airway disease and pulmonary fibrosis, adenocarcinoma of the lung with metastasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 24, 2008
- Citation
- 0813497
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813497.
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.
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