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
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0814835.
What this means for you
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