The veteran's death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.
The deciding factor: The veteran was not in receipt of or entitled to receive compensation at the rate of 100 percent due to a service-connected disability for a period of ten years immediately preceding his death, and there is no evidence that any disease or injury of service origin contributed substantially or materially to the cause of his death.
- Claimed conditions
- Anoxic Encephalopathy, Cardiomyopathy, Atherosclerosis, Gastroesophageal Cancer
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 30, 2008
- Citation
- 0814228
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.
- Partly granted
The Board granted service connection for hypertension, coronary artery disease, congestive heart failure with ICD placement, diabetes mellitus, gastroesophageal reflux disease, tinnitus, sinus tachycardia, and cardiomyopathy. The claims for irritable bowel syndrome and an acquired psychiatric disorder were remanded.
- Partly granted
The Board denied service connection for a liver disorder and kidney disorder, while remanding claims for cardiomyopathy, right lower extremity disorder, left lower extremity disorder, hypertension, systemic lupus erythematosus, diverticulosis in the sigmoid colon, and left nose scar status post basal cell carcinoma removal.
- Partly granted
The Board denied service connection for a liver disorder and kidney disorder, while remanding claims for service connection for cardiomyopathy, right lower extremity disorder, left lower extremity disorder, hypertension, systemic lupus erythematosus, diverticulosis in the sigmoid colon, and left nose scar status post basal cell carcinoma removal.
- Remanded (sent back)
The Board remands the claims for service connection for the cause of death and Dependency and Indemnity Compensation (DIC) to correct a pre-decisional duty-to-assist error, as the VA examinations are inadequate.
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