The Board denied the claim for DIC benefits under 38 U.S.C.A. § 1318 and 38 U.S.C.A. § 1151 as the veteran did not meet the statutory duration requirements for a total disability rating at the time of his death, and there was no evidence that VA carelessness or negligence caused the veteran's death.
The deciding factor: The veteran had service-connected disabilities evaluated as 100 percent from May 1994 but did not meet the required ten-year period before his death in May 1997. There was also no evidence of fault on VA’s part or an event not reasonably foreseeable that caused the veteran's death.
- Claimed conditions
- Cardiopulmonary arrest, Bilateral pneumonia, Old inferior myocardial infarction, Coronary artery disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2008
- Citation
- 0814835
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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The Board denied service connection for the Veteran's cause of death, finding no evidence that his death was related to any injury or disease in service, including exposure to herbicide agents.
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