The Board denied the application to reopen the claim of service connection for the cause of the veteran's death because the additional evidence did not raise a reasonable possibility of substantiating the claim. The veteran was not rated totally disabling for any service-connected disability for a continuous period of at least ten years immediately preceding his death.
The deciding factor: The additional evidence presented since the Board decision of February 1996 does not relate to an unestablished fact necessary to substantiate the claim, such as whether the veteran's service-connected disabilities caused or contributed to his death.
- Claimed conditions
- Chronic obstructive pulmonary disease, Emphysema, Severe infection of the right hand
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 16, 2008
- Citation
- 0823492
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 0823492.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
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