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 assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813497
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
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